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Ordinance No. 1183ORDINANCE NO. 1183 AN ORDINANCE OF 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 WHEREAS, the provisions of Chapter 2 of the City Charter of the City of Vernon state that: "The city shall have full power and authority to adopt, make, exercise and enforce all legislation, laws, and regulations and to take all actions in respect to municipal affairs, without limitation, which may lawfully be adopted, made, exercised, taken or enforced under the Constitution of the State of California subject only to such limitations as may be provided by this Charter"; and WHEREAS, Chapter 7.5 of the City Charter of the City of Vernon authorizes the City Council to establish by ordinance such commissions as the City Council deems to be necessary and to provide for the method of selection, tenure, duties and any compensation of the commissions so established; and WHEREAS, the City Council of the City of Vernon has determined that the creation of a Housing Commission is within the power and authority conferred on the City of Vernon by virtue of its Charter and the Constitution of the State of California; and WHEREAS, the City Council of the City -of Vernon has determined that the creation of a Housing Commission with the members and duties specified in this Ordinance is necessary and appropriate to more effectively and efficiently oversee the management, leasing and maintenance of City -owned housing stock and that having the Commission carry out these functions instead of the City Council would serve the public interest and general welfare; and WHEREAS, the City Council of the City of Vernon has determined that the establishment of a Housing Commission with the membership and duties specified in this Ordinance is in the best interests of the residents of the City of Vernon as well as the thousands of employees who work in the City of Vernon. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. Section 2: Article XV of Chapter 2 of the Vernon Municipal Code is hereby added to read as follows: ARTICLE XV VERNON HOUSING COMMISSION TABLE OF CONTENTS Section 2.117. Commission Established Section 2.118. Appointment of Members Section 2.119. Terms Section 2.120. Chairperson, Vice Chairperson and Officers Section 2.121. Duties Section 2.122. Legal & Professional Services Section 2.123. Authority to Bind the City of Vernon Section 2.124. Meetings Section 2.125. Compensation Section 2.126. Conflict of Interest 2 Section 2.117. Commission Established The City Council of the City of Vernon hereby establishes the Vernon Housing Commission. For the purposes of this Chapter the Vernon Housing Commission shall be referred to as the Commission. Section 2.118. Appointment of Members The Commission shall be comprised of seven (7) members selected by the Mayor and ratified by the City Council, including: (a) Three (3) residents of the City of Vernon, one (1) of whom. shall be a member of the City Council. To be eligible for appointment, each resident shall not have, at any time within the five years preceding appointment: (i) been an employee or a consultant of the City of Vernon, except for the member of the City Council; or (ii) a financial interest in any contract, other than the lease of his or her residence or the provision of municipal services available to the public generally, to which the City of Vernon is a party. (b) Three (3) persons, each of whom represents either a person or entity owning or operating a business located in the City of Vernon or a person or entity owning non-residential property within the City of Vernon. To be eligible for appointment, each representative shall not have, at any time within the five years preceding appointment: (i) been an employee or consultant of the City of Vernon; or (ii) a financial interest in any contract to which the City of Vernon is a party or represented any business or property owner with a financial interest in any contract, other than the lease of his or her residence or the provision of 7 municipal services available to the public generally, to which the City of Vernon is a party. (c) One (1) person who is an employee of a business located in the City of Vernon. To be eligible for appointment, the person shall not have, at any time within the five years preceding appointment: (i) been an employee or consultant of the City of Vernon; or (ii) a financial interest in any contract to which the City of Vernon is a party or been an employee of a business that has a financial interest in any contract, other than the lease of his or her residence or the provision of municipal services available to the public generally, to which the City of Vernon is a party. (d) Only one (1) of the seven (7) members of the Commission may at any time be a member of the City Council. No more than three (3) members of the Commission may at any time be tenants in City - owned housing. Section 2.119. Terms (a) Commission members shall serve for a term of four (4) years and may be reappointed. However, so as to permit staggered terms, the Mayor shall select the one City Councilmember, one resident and one representative of businesses or property owners to serve an initial term of only two (2) years. No person shall serve more than two (2) full four (4) year terms. (b) Zn the event any Commission member resigns, no longer meets the criteria used as the basis for his or her selection Pursuant to Section 2.118, or is unable to serve for any reason, the position shall be considered vacant and the Mayor shall, 0 within thirty QO) days after the position becomes vacant, select for ratification by the City Council a successor with the same qualifications to serve the unexpired term. (c) A Commission member shall be considered to have vacated his or her position on the Commission if he or she misses four or more consecutive meetings without a valid excuse as determined by the Commission. Section 2.120. Chairperson, vice Chairperson and Officers (a) The Commission shall have a Chairperson and Vice Chairperson,. who shall be from different appointing categories pursuant to Section 2.118. (b) The Commission members shall elect the Chairperson and Vice Chairperson at its first meeting and annually thereafter. No Commission member may serve as Chairperson for more than two consecutive terms. The Chairperson shall preside over all Commission meetings and shall have the power to appoint subcommittees and the presiding chairs of those subcommittees. The Vice Chairperson shall, in the absence of the Chairperson, perform the duties of the Chairperson. (c) The officers of the Commission shall be the Secretary, Treasurer, Commission Counsel and Commission Director. (d) The Secretary shall keep and maintain the -records of the Commission and the minutes of the Commission meetings and also shall perform all other duties incident to the -office of Secretary of the Commission. The City Clerk of the City of Vernon shall hold the position of Secretary of the Commission. 5 (e) The Treasurer shall supervise the fiscal affairs of the Commission, shall supervise the care and custody of all rent and other monies collected by the Commission and shall make such payments as authorized by the Commission. The Treasurer shall cause adequate, correct and regular accounts of the properties, monies and transactions managed by the Commission to be kept and maintained. The Treasurer shall render to the Commission, whenever requested, a Treasurer's report of the Commission's transactions and the financial condition of the City's investment in the City -owned dwelling units. The Treasurer of the City of Vernon shall hold the position of the Treasurer of the Commission. (f) The Commission Director is charged with the administration, management and general supervision of the business and affairs of the Commission. The City Administrator of the City of Vernon shall hold the position of the Commission Director. (g) The Commission Counsel shall be in overall charge of the legal affairs of the Commission and shall advise the Commission on,matters within its jurisdiction, as well as with respect to compliance with the California Political Reform Act (Government Code Sections 81000, et seq.) and California Government Code Section 1090 et seq. The City Attorney of the City of Vernon shall hold the position of Commission Counsel. Section 2.121. Duties The Commission is hereby authorized, on behalf of the City of Vernon, to do the following: (a) Except as otherwise set forth in this Ordinance, to take any and all action with respect to each and every City -owned dwelling unit that any owner of property in the State of C1 California would have the authority to take; provided, however, that the Commission shall have no authority to sell or encumber any City -owned dwelling unit, acquire ownership in any new dwelling units on behalf of the City, or non -renew any lease (whether month -to -month or term) entered into prior to and in effect as of the effective date of this Ordinance unless such non -renewal is based on grounds that otherwise would qualify for removal of the tenant for cause. The Commission is, among other things authorized: (i) to enter into leases or rental agreements with tenants or prospective tenants; (ii) to take action to remove tenants for cause when such action is permitted by the laws of the State of California; (iii) to set, adjust and collect rents and transmit the funds to the City Treasurer; and (iv) to repair or reconstruct any dwelling unit that, in the sole discretion of the Commission is in need of repair or reconstruction, subject to the expenditure requirements of Section 2.122. (b) Recommend for adoption by the City Council and, upon adoption by the City Council, enforce a "Housing Policy" for the tenancy/occupancy of City -owned dwelling units that ensures that all Commission actions fully comply with all relevant provisions of State and Federal law. The Housing Policy shall, among other things, require that the Commission manage City -owned dwellings in conformance with State and Federal fair housing laws and provide that "first responders", which shall be defined in the Housing Policy but which shall include City firefighters, police officers, emergency medical technicians and similar positions held by employees of businesses located in Vernon, shall have first priority in leasing or renting units. The Housing Policy also shall provide for the renewal of leases for existing 7 tenants (whether such leases are month -to -month or for a term). The Commission shall recommend a Housing Policy to the City Council within sixty (60) days of the first meeting of the Commission. if the Commission has not recommended a Housing Policy for adoption by the City Council within ninety (90) days of the Commission's first meeting, the City Council may adopt a Housing Policy without any recommendation from the Commission. Following its adoption by the City Council, amendments to the Housing Policy shall be submitted to the Commission for a recommendation and then to the City Council for approval. (c) Make recommendations to the City Council regarding the extent to which City ownership of housing stock continues to provide public benefits that are sufficiently adequate to merit ownership and whether the public interest would be served by the City divesting its ownership in any of the City -owned dwelling units. The Commission shall within one hundred eighty ('180) days of its first meeting make a recommendation to the City Council regarding whether the City should divest its ownership of City -owned housing and, if it recommends such divestiture, provide a recommendation for a procedure that affords existing tenants a priority right to purchase units they are currently leasing. 4d) Make recommendations to the City Council with respect to opportunities for the development of housing opportunities in the City of Vernon and in other cities and communities in close proximity to the City of Vernon. (e) Advise the City Council with respect to all matters relevant to the Housing Element of the City of Vernon or any City -owned dwelling unit in the City of Vernon. L (f) Perform such other duties as may be delegated by the City Council. Section 2.122. Legal & Professional Services (a) The City Administrator as Commission Director shall be the primary staff liaison to the Commission and shall provide the Commission with reasonable staff and support services. In the event the City Administrator is ,unable to provide such services for any reason, the Commission may enter into written contracts for staff and support services, and the fair and reasonable expenses shall be considered the obligation of the City and paid accordingly. For contracts that do not exceed an aggregate of twenty five thousand dollars ($25,000) over the term of the contract and do not exceed a term of three (3) years, the Commission may enter into the contract without prior approval by the City Council of the City of Vernon, subject to Section 2.122(d). Contracts in excess of these thresholds shall require prior approval by the City Council of the City of Vernon. (b) The City Attorney of the City of Vernon as Commission Counsel shall provide the Commission with reasonable legal services. in the event the City Attorney is unable to provide those services for any reason, the Commission may enter into written contracts to retain counsel, and the fair and reasonable legal expenses shall be considered the obligation of the City and paid accordingly. For contracts that do not exceed an aggregate of twenty five thousand dollars ($25,000) over the term of the contract and do not exceed a term of three (3) years, the Commission may enter into the contract without prior approval by the City Council of the City of Vernon, OJ subject to Section 2.122(d). Contracts in excess of these thresholds shall require prior approval by the City Council of the City of Vernon. (c) The Commission shall have the authority to retain the services of any professional by written contract when necessary or appropriate to the performance of its duties set forth in Section 2.121, and the expenses incurred shall be considered the obligation of the City and paid accordingly. For contracts that do not exceed an aggregate of twenty five thousand dollars ($25,000) over the term of the contract and do not exceed a term of three (3) years, the Commission may enter into the contract without prior approval by the City Council of the City of Vernon, subject to Section 2.122(d) Contracts in excess of these thresholds shall require prior approval by the City Council of the City .of Vernon. (d) Prior approval from the City Council of the City of Vernon shall be required before the Commission may enter into any contract that would result in the total value of contracts entered into by the Commission without Council approval for that calendar year exceeding $100,000. Section 2.123. Authority to Hind the City of Vernon The Commission shall have the authority to enter into, and bind the City of Vernon with respect to, leases, professional services and other contracts within the scope of the Commission's duties, as set forth in Section 2.121. When the Commission enters into contracts, it shall do so in the name of the City of Vernon. The Commission Director shall execute all contracts entered into by the Commission on behalf of the City of Vernon. 10 Section 2.124. Meetings The Commission shall meet at least bi-monthly, i.e., every other month, on a date and at a time that is established by the Commission at its first meeting. The Commission may schedule additional meetings as necessary or appropriate. The meetings shall be noticed and conducted in compliance with the Ralph M. Brown Act (Government Code Section 54950 et seq.). All meetings shall be open to the public and regular minutes of each meeting shall be maintained by the Secretary to the Commission. A majority of Commission members shall constitute a quorum. Action may be taken by the Commission only upon a favorable vote of a majority of the Commission. Section 2.125. Compensation The Member of the Commission who also serves on the City Council shall not receive compensation for their attendance at Commission meetings. All other Commission members shall receive one hundred dollars ($100.00) per meeting, up to a maximum of two hundred dollars ($200.00) in any calendar month, as well as their actual and necessary expenses incurred in the discharge of their duties. Travel expenses of Commission members for travel outside the County of Los Angeles shall not be reimbursed without prior approval of the City Council. The Secretary, Treasurer, Commission Counsel and Commission Director shall receive no compensation as Commission officers, other than compensation received from their primary employment. Section 2.126. Conflict of Interest The Commission shall, within thirty (30) days of the Commission's first meeting, adopt and submit to the City Council of the City of Vernon for approval a Conflict of Interest Code in compliance with the 11 California Political Reform Act (Government Code Sections 81000 et seq.), which Code shall also address the obligations of Commissioners under California Government Code Section 1090 et seq. SECTION 3: If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and this City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted. SECTION 4: Book of Ordinances. The City Clerk shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerks 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: Effective Date. This Ordinance shall go into effect and be in full force and effecr.a.t 12:01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this 20th day of September, 2011. Name: Hilario Gonzales Title: Mayor / 21LYor—pru- m� 12 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, WILLARD G. YAMAGUCHI, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance.No. 1183, was duly and regularly introduced at a meeting of the City Council of the City of Vernon, held in the City of Vernon on Thursday, May 26, 2011, 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, Newmire 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 � day of September, 2011, at Vernon, California. (SEAL) CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: September 21, 2011 TO: Rory Burnett, City Treasurer Kristen Enomoto, Council Department Manager Mark Whitworth, City Administrator/Fire Chief FROM: Willard Yamaguchi, City Clerk A RE: Ordinance No. 1183 — An Ordinance of 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 Transmitted herewith is a copy of Ordinance No. 1183 referenced above, which was approved by City Council on September 20, 2011. Thank you. =1 Attachment c: Ana Barcia Raquel Franco Karina Rueda Ordinance No. 1183 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 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. 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) 583-8311 ex 286 F: 323) 826-1439 abarciana.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: To meet the requirements of the Metropolitan Water District Model Efficient Landscape Ordinance; and 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 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 PreM$ 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, 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 Vernomheld 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 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 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 . Y gaggh' Cit erk RECEIVE® RECEIVE® SEP 0 8 2011 SEP 12 2011 CITY ADMINISTRATION CITY CLERK'S OFFICE STAFF REPORT, CITY ATTORNEY'S OFFICE DATE: September 7, 2011 TO: Honorable Mayor and City Council FROM: Michael B. Montgomery, Interim City Attorne�rt"/ 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 20"' 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. \` J ORDINANCE NO. 1183 AN ORDINANCE OF 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 WHEREAS, the provisions of Chapter 2 of the City Charter of the City of Vernon state that: "The city shall have full power and authority to adopt, make, exercise and enforce all legislation, laws, and regulations and to take all actions in respect to municipal affairs, without limitation, which may lawfully be adopted, made, exercised, taken or enforced under the Constitution of the State of California subject only to such limitations as may be provided by this Charter"; and WHEREAS, Chapter 7.5 of the City Charter of the City of Vernon authorizes the City Council to establish by ordinance such commissions as the City Council deems to be necessary and to provide for the method of selection, tenure, duties and any compensation of the commissions so established; and WHEREAS, the City Council of the City of Vernon has determined that the creation of a Housing Commission is within the power and authority conferred on the City of Vernon by virtue of its Charter and the Constitution of the State of California; and WHEREAS, the City Council of the City of Vernon has.determined that the creation of a Housing Commission with the members and duties specified in this Ordinance is necessary and appropriate to more effectively and efficiently oversee the management, leasing and maintenance of City -owned housing stock and that having the Commission carry out these functions instead of the City Council would serve the public interest and general welfare; and WHEREAS, the City Council of the City of Vernon has determined that the establishment of a Housing Commission with the membership and duties specified in this Ordinance is in the best interests of the residents of the City of Vernon as well as the thousands of employees who work in the City of Vernon. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. Section 2: Article XV of Chapter 2 of the Vernon Municipal Code is hereby added to read as follows: ARTICLE XV VERNON HOUSING COMMISSION TABLE OF CONTENTS Section 2.117. Commission Established Section 2.118. Appointment of Members Section 2.119, Terms Section 2.120. Chairperson, Vice Chairperson and Officers Section 2.121. Duties Section 2.122. Legal & Professional Services Section 2.123. Authority to Bind the City of Vernon Section 2.124. Meetings Section 2.125. Compensation Section 2.126. Conflict of Interest 2 Section 2.117. Commission Established The City Council of the City of Vernon hereby establishes the Vernon Housing Commission. For the purposes of this Chapter the Vernon Housing Commission shall be referred to as the Commission. Section 2.118. Appointment of Members The Commission shall be comprised of seven (7) members selected by the Mayor and ratified by the City Council, including: (a) Three (3) residents of the City of Vernon, one (1) of whom shall be a member of the City Council. To be eligible for appointment, each resident shall not have, at any time within the five years preceding appointment: (i) been an employee or a consultant of the City of Vernon, except for the member of the City Council; or (ii) a financial interest in any contract, other than the lease of his or her residence or the provision of municipal services available to the public generally, to which the City of Vernon is a party. (b) Three (3) persons, each of whom represents either a person or entity owning or operating a business located in the City of Vernon or a person or entity owning non-residential property within the City of Vernon. To be eligible for appointment, each representative shall not have, at any time within the five years preceding appointment: (i) been an employee or consultant of the City of Vernon; or (ii) a financial interest in any contract to which the City of Vernon is a party or represented any business or property owner with a financial interest in any contract, other than the lease of his or her residence or the provision of 3 municipal services available to the public generally, to which the City of Vernon is a party. (c) One (1) person who is an employee of a business located in the City of Vernon. To be eligible for appointment, the person shall not have, at any time within the five years preceding appointment: (i) been an employee or consultant of the City of Vernon; or (ii) a financial interest in any contract to which the City of Vernon is a party or been an employee of a business that has a financial interest in any contract, other than the lease of his or her residence or the provision of municipal services available to the public generally, to which the City of Vernon is a party. (d) Only one (1) of the seven (7) members of the Commission may at any time be a member of the City Council. No more than three (3) members of the Commission may at any time be tenants in City - owned housing. Section 2.119. Terms (a) Commission members shall serve for a term of four (4) years and may be reappointed. However, so as to permit staggered terms, the Mayor shall select .the one City Councilmember, one resident and one representative of businesses or property owners to serve an initial term of only two (2) years. No person shall serve more than two (2) full four (4) year terms. (b) In the event any Commission member resigns, no longer meets the criteria used as the basis for his or her selection pursuant to Section 2.118, or is unable to serve for any reason, the position shall be considered vacant and the Mayor shall, C! within thirty (30) days after the position becomes vacant, select for ratification by the City Council a successor with the same qualifications to serve the unexpired term. (c) A Commission member shall be considered to have vacated his or her position on the Commission if he or she misses four or more consecutive meetings without a valid excuse as determined by the Commission. Section 2.120. Chairperson, Vice Chairperson and Officers (a) The Commission shall have a Chairperson and Vice Chairperson, who shall be from different appointing categories pursuant to Section 2.118. (b) The Commission members shall elect the Chairperson and Vice Chairperson at its first meeting and annually thereafter. No Commission member may serve as Chairperson for more than two consecutive terms. The Chairperson shall preside over all Commission meetings and shall have the power to appoint subcommittees and the presiding chairs of those subcommittees. The Vice Chairperson shall, in the absence of the Chairperson, perform the duties of the Chairperson. (c) The officers of the Commission shall be the Secretary, Treasurer, Commission Counsel and Commission Director. (d) The Secretary shall keep and maintain the records of the Commission and the minutes of the Commission meetings and also shall perform all other duties incident to the office of Secretary of the Commission. The City Clerk of the City of Vernon shall hold the position of Secretary of the Commission. 5 (e) The Treasurer shall supervise the fiscal affairs of the Commission, shall supervise the care and custody of all rent and other monies collected by the Commission and shall make such payments as authorized by the Commission. The Treasurer shall cause adequate, correct and regular accounts of the properties, monies and transactions managed by the Commission to be kept and maintained. The Treasurer shall render to the Commission, whenever requested, a Treasurer's report of the Commission's transactions and the financial condition of the City's investment in the City -owned dwelling units. The Treasurer of the City of Vernon shall hold the position of the Treasurer of the Commission. (f) The Commission Director is charged with the administration, management and general supervision of the business and affairs of the Commission. The City Administrator of the City of Vernon shall hold the position of the Commission Director. (g) The Commission Counsel shall be in overall charge of the legal affairs of the Commission and shall advise the Commission on matters within its jurisdiction, as well as with respect to compliance with the California Political Reform Act (Government Code Sections 81000, et seq.) and California Government Code Section 1090 et seq. The City Attorney of the City of Vernon shall hold the position of Commission Counsel. Section 2.121. Duties The Commission is hereby authorized, on behalf of the City of Vernon, to do the following: (a) Except as otherwise set forth in this Ordinance, to take any and all action with respect to each and every City -owned dwelling unit that any owner of property in the State of 0 California would have the authority to take; provided, however, that the Commission shall have no authority to sell or encumber any City -owned dwelling unit, acquire ownership in any new dwelling units on behalf of the City, or non -renew any lease (whether month -to -month or term) entered into prior to and in effect as of the effective date of this Ordinance unless such non -renewal is based on grounds that otherwise would qualify for removal of the tenant for cause. The Commission is, among other things authorized: (i) to enter into leases or rental agreements with tenants or prospective tenants; (ii) to take action to remove tenants for cause when such action is permitted by the laws of the State of California; (iii) to set, adjust and collect rents and transmit the funds to the City Treasurer; and (iv) to repair or reconstruct any dwelling unit that, in the sole discretion of the Commission is in need of repair or reconstruction, subject to the expenditure requirements of Section 2.122. (b) Recommend for adoption by the City Council and, upon adoption by the City Council, enforce a "Housing Policy" for the tenancy/occupancy of City -owned dwelling units that ensures that all Commission actions fully comply with all relevant provisions of State and Federal law. The Housing Policy shall, among other things, require that the Commission manage City -owned dwellings in conformance with State and Federal fair housing laws and provide that "first responders", which shall be defined in the Housing Policy but which shall include City firefighters, police officers, emergency medical technicians and similar positions held by employees of businesses located in Vernon, shall have first priority in leasing or renting units. The Housing Policy also shall provide for the renewal of leases for existing 7 tenants (whether such leases are.month-to-month or for a term). The Commission shall recommend a Housing Policy to the City Council within sixty (60) days of the first meeting of the Commission. If the Commission has not recommended a Housing Policy for adoption by the City Council within ninety (90) days of the Commission's first meeting, the City Council may adopt a Housing Policy without any recommendation from the Commission. Following its adoption by the City Council, amendments to the Housing Policy shall be submitted to the Commission for a recommendation and then to the City Council for approval. (c) Make recommendations to the City Council regarding the extent to which City ownership of housing stock continues to provide public benefits that are sufficiently adequate to merit ownership and whether the public interest would be served by the City divesting its ownership in any of the City -owned dwelling units. The Commission shall within one hundred eighty (180) days of its first meeting make a recommendation to the City Council regarding whether the City should divest its ownership of City -owned housing and, if it recommends such divestiture, provide a recommendation for a procedure that affords existing tenants a priority right to purchase units they are currently leasing. (d) Make recommendations to the City Council with respect to opportunities for the development of housing opportunities in the City of Vernon and in other cities and communities in close proximity to the City of Vernon. (e) Advise the City Council with respect to all matters relevant to the Housing Element of the City of Vernon or any City -owned dwelling unit in the City of Vernon.. E (f) Perform such other duties as may be delegated by the City Council. Section 2.122. Legal & Professional Services (a) The City Administrator as Commission Director shall be the primary staff liaison to the Commission and shall provide the Commission with reasonable staff and support services. In the event the City Administrator is unable to provide such services for any reason, the Commission may enter into written contracts for staff and support services, and the fair and reasonable expenses shall be considered the obligation of the City and paid accordingly. For contracts that do not exceed an aggregate of twenty five thousand dollars ($25,000) over the term of the contract and do not exceed a term of three (3) years, the Commission may enter into the contract without prior approval by the City Council of the City of Vernon, subject to Section 2.122(d). Contracts in excess of these thresholds shall require prior approval by the City Council of the City of Vernon. (b) The City Attorney of the City of Vernon as Commission Counsel shall provide the Commission with reasonable legal services. In the event the City Attorney is unable to provide those services for any reason, the Commission may enter into written contracts to retain. counsel, and the fair and reasonable legal expenses shall be considered the obligation of the City and paid accordingly. For contracts that do not exceed an aggregate of twenty five thousand dollars ($25,000) over the term of the contract and do not exceed a term of three (3) years, the Commission may enter into the contract without prior approval by the City Council of the City of Vernon,. 9 subject to Section 2.122(d). Contracts in excess of these thresholds shall require prior approval by the City Council of the City of Vernon. (c) The Commission shall have the authority to retain the services of any professional by written contract when necessary or appropriate to the performance of its duties set forth in Section 2.121, and the expenses incurred shall be considered the obligation of the City and paid accordingly. For contracts that do not exceed an aggregate of twenty five thousand dollars ($25,000) over the term of the contract and do not exceed a term of three (3) years, the Commission may enter into the contract.without prior approval by the City Council of the City of Vernon, subject to Section 2.122(d) Contracts in excess of these thresholds shall require prior approval by the City Council of the City of Vernon. (d) Prior approval from the City Council of the City of Vernon shall be required before the Commission may enter into any contract that would result in the total value of contracts entered into by the Commission without Council approval for that calendar year exceeding $100,000. Section 2.123. Authority to Bind the City of Vernon The Commission shall have the authority to enter into, and bind the City of Vernon with respect to, leases, professional services and other contracts within the scope of the Commission's -duties, as set forth in Section 2.121. When the Commission enters into contracts, it shall do so in the name of the City of Vernon. The Commission Director shall execute all contracts entered into by the Commission on behalf of the City of Vernon. 10 Section 2.124. Meetings The Commission shall meet at least bi-monthly, i.e., every other month, on a date and at a time that is established by the Commission at its first meeting. The Commission may schedule additional meetings as necessary or appropriate. The meetings shall be noticed and conducted in compliance with the Ralph M. Brown Act (Government Code Section 54950 et seq.). All meetings shall be open to the. public and regular minutes of each meeting shall be maintained by the Secretary to the Commission. A majority of Commission members shall constitute a quorum. Action may be taken by the Commission only upon a favorable vote of a majority of the Commission. Section 2.125. Compensation The Member of the Commission who also serves on the City Council shall not receive compensation for their attendance at Commission meetings: All other Commission members shall receive one hundred dollars ($100.00) per meeting, up to a maximum of two hundred dollars ($200.00) in any calendar month, as well as their actual and necessary expenses incurred in the discharge of their duties. Travel expenses -of Commission members for travel outside the County of Los Angeles shall not be reimbursed without prior approval of the City Council. The Secretary, Treasurer, Commission Counsel and Commission Director shall receive no compensation as Commission officers, other than compensation received from their primary employment. Section 2.126. Conflict of Interest The Commission shall, within thirty (30) days of the Commission's first meeting, adopt and submit to the City Council of the City of Vernon for approval a Conflict of Interest Code in compliance with the 11 California Political Reform Act (Government Code Sections 81000 et seq.), which Code shall also address the obligations of Commissioners -under California Government Code Section 1090 et seq. SECTION 3: If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and this City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted. SECTION 4: Book of Ordinances. 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: Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this 7th day of June, 2011. Name: Hilario Gonzales Title: Mayor 12 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, WILLARD G. YAMAGUCHI, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1183, was duly and regularly introduced at a meeting of the City Council of the City of Vernon, held in the City of Vernon on Thursday, May 26, 2011, and thereafter adopted at a meeting of said City Council held on Tuesday, June 7, 2011, by the following vote: AYES: Councilmembers: Mayor Gonzales, Davis, Maisano, Newmire NOES: Councilmembers: None ABSENT: Councilmembers: McCormick And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this (� day of June, 011, at Vernon, California. W LLAR G. G CHI City Clerk (SEAL) - 13 - CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: June 8, 2011 TO: Rory Burnett, City Treasurer Kristen Enomoto, Council Department Manager Mark Whitworth, City Administrator/Fire Chief tv FROM: Willard Yamaguchi, City Clerk/Interim City Attorney �ro RE: Ordinance No. 1183 - An Ordinance of 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 Transmitted herewith is a copy of Ordinance No. 1183 referenced above, which was approved by City Council on June 7, 2011. Thank you. WY:dj Attachment c: Raquel Franco Karina Rueda Ordinance No. 1183 RtCEIVED MAY 2 3 2011 iYCLERKS OFFICE STAFF REPORT Office of the City Administrator DATE: May 23, 2011 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrator RE: Resolution No. 2011-69, Section 3 and Section 4: City Housing Policy and Creation of Housing Commission; Rental Survey On April 19, 2011, the City Council of the City of Vernon enacted Resolution No. 2011-69. Section 3 of the Resolution directed the City Administrator to "prepare and return within 45 days to City Council for review and approval, a City housing policy for rental of City -owned housing." Section 3 of the Resolution also specified that the "policy should consider priority for first responders and others critical to the region for the delivery of essential public services". Section 4 of the Resolution directs the preparation of a "rental survey for housing in the area and provide recommendations to the City Council for adjustments to rental housing rates based on the rent survey» This report recommends that the City Council enact a housing policy through a two-step process: (1) adopt the attached Ordinance establishing a City of Vernon Housing Commission to oversee the management, leasing and maintenance of City -owned housing; and (2) adopt a housing policy for City -owned housing following the preparation and adoption of a recommended housing policy by the Vernon Housing Commission. This report also recommends that the Housing Commission undertake the responsibility of conducting the rental survey and, based on that survey, implement any necessary adjustments to rental rates. Background The City of Vernon owns 26 housing units within the City's borders. Current tenants include, among others, first responders, the City's five Councilmembers and employees of business located in Vernon. The City Council historically has, with the assistance of City staff, overseen the management, leasing and maintenance of these units. Over the course of the last several months, the City Administrator's Office has been soliciting input from community stakeholders, including property owners, business owners, labor representatives, employees of Vernon businesses and residential tenants, as well as conducting its own review, regarding the merits of the City Council continuing to manage City -owned housing stock. Input received, as well as our own review, .supported the conclusion that there would be public benefits associated with transferring direct operations of Vernon's city -owned housing to a housing commission. Based on this input and analysis, it is recommended that the City Council adopt the attached Ordinance establishing the Vernon Housing Commission. Housing Commission Chapter 7.5 of the City Charter authorizes the City Council to establish by ordinance such commissions as the Council deems necessary and to provide for the method of selection, tenure, duties, and any compensation of the individuals on the commissions so established. It is recommended that the City Council determine that creation of a Housing Commission, with the members and duties specified in this Ordinance, is necessary and appropriate to more effectively and efficiently oversee the day to day management, leasing and maintenance of City -owned housing stock; that having the Commission, with the assistance of City staff, carry out these functions instead of the City Council would serve the public interest and general welfare; and that establishment of the Housing Commission is in the best interests of the residents of the City of Vernon, as well as the tens of thousands of employees who work in the City of Vernon. As set forth in the attached Ordinance, the Housing Commission would be comprised of members representing various city constituencies, including three residents (which would include one Councilmember), three owners of businesses or property within Vernon, and one employee of a business located in Vernon. The Mayor would appoint the Commissioners, with ratification by the Council. As set forth in the attached Ordinance, the Housing Commission would be responsible for overseeing day-to-day operations of City -owned housing. This would include entering into leases, setting and adjusting rental rates, and general repair and maintenance of the units. As part of its authority to set and adjust rents, the Housing Commission would be responsible for conducting the rental survey and, based on that survey, determine any necessary adjustments to rental rates. The Commission also would be charged with recommending a Housing Policy for City Council approval (as discussed in the section below), make recommendations to the City Council regarding whether the City should continue to own housing, make recommendations to the City Council regarding opportunities for the development of new housing within or near the City, and advise the City Council with respect to matters relevant to the City's Housing Element. The Ordinance also sets forth the authority of the Commission to incur expenses; term limits for Commissioners, compensation, designation of officers, and the requirement to adopt a conflict of interest code. A dedicated housing commission would more efficiently oversee the day to day management, leasing, and maintenance of City -owned housing stock than the City Council, which is charged with substantial other matters related to general City operations. Delegating these duties to a commission 2 with members that represent diverse constituencies also would increase transparency, accountability and public participation and oversight. Housing Policy Once established, the Vernon Housing Commission would be charged with drafting and recommending for adoption by the City Council within sixty days of the Commission's first meeting a housing policy, as contemplated by Resolution No. 2011-69. The housing policy would continue to ensure that housing is made available on a nondiscriminatory basis, subject to priority designations for "first responders", which shall include City firefighters, policies officers, emergency medical technicians and similar positions held by employees of businesses located in Vernon. The policy would provide for the renewal of leases for existing tenants and address prospective tenants' eligibility for admission, application procedures, waiting lists, and other issues necessary for efficient distribution of limited City -owned housing. Recommendation Adopt the attached Ordinance establishing a City of Vernon Housing Commission to oversee the management, leasing and maintenance of City -owned housing. 3 ORDINANCE NO. 1183 AN ORDINANCE OF 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 WHEREAS, the provisions of Chapter 2 of the City Charter of the City of Vernon state that: "The city shall have full power and authority to adopt, make, exercise and enforce all legislation, laws, and regulations and to take all actions in respect to municipal affairs, without limitation, which may lawfully be adopted, made, exercised, taken or enforced under the Constitution of the State of California subject only to such limitations as may be provided by this Charter"; and WHEREAS, Chapter 7.5 of the City Charter of the City of Vernon authorizes the City Council to establish by ordinance such commissions as the City Council deems to be necessary and to provide for the method of selection, tenure, duties and any compensation of the commissions so established; and WHEREAS, the City Council of the City of Vernon has determined that the creation of a Housing Commission is within the power and authority conferred on the City of Vernon by virtue of its Charter and the Constitution of the State of California; and WHEREAS, the City Council of the City of Vernon has determined that the creation of a Housing Commission with the members and duties specified in this Ordinance is necessary and appropriate to more effectively and efficiently oversee the management, leasing and maintenance of City -owned housing stock and that having the Commission carry out these functions instead of the City Council would serve the public interest and general welfare; and WHEREAS, the City Council of the City of Vernon has determined that the establishment of a Housing Commission with the membership and duties specified in this Ordinance is in the best interests of the residents of the City of Vernon as well as the thousands of employees who work in the City of Vernon. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. Section 2: Article XV of Chapter 2 of the Vernon Municipal Code is hereby added to read as follows: ARTICLE XV VERNON HOUSING COMMISSION TABLE OF CONTENTS Section 2.117. Commission Established Section 2.118. Appointment of Members Section 2.119. Terms Section 2.120. Chairperson, Vice Chairperson and Officers Section 2.121. Duties Section 2.122. Legal & Professional Services Section 2.123. Authority to Bind the City of Vernon Section 2.124. Meetings Section 2.125. Compensation Section 2.126. Conflict of Interest 2 Section 2.117. Connission Established The City Council of the City of Vernon hereby establishes the Vernon Housing Commission. For the purposes of this Chapter the Vernon Housing Commission shall be referred to as the Commission. Section 2.118. Appointment of Members The Commission shall be comprised of seven (7) members selected by the Mayor and ratified by the City Council, including: (a) Three (3) residents of the City of Vernon, one (1) of whom shall be a member of the City Council. To be eligible for appointment, each resident shall not have, at any time within the five years preceding appointment: (i) been an employee or a consultant of the City of Vernon, except for the member of the City Council; or (ii) a financial interest in any contract, other than the lease of his or her residence or the provision of municipal services available to the public generally, to which the City of Vernon is a party. (b) Three (3) persons, each of whom represents either a person or entity owning or operating a business located in the City of Vernon or a person or entity owning non-residential property within the City of Vernon. To be eligible for appointment, each representative shall not have, at any time within the five years preceding appointment: (i) been an employee or consultant of the City of Vernon; or (ii) a financial interest in any contract to which the City of Vernon is a party or represented any business or property owner with a financial interest in any contract, other than the lease of his or her residence or the provision of 3 municipal services available to the public generally, to which the City of Vernon is a party. (c) One (1) person who is an employee of a business located in the City of Vernon. To be eligible for appointment, the person shall not have, at any time within the five years preceding appointment: (i) been an employee or consultant of the City of Vernon; or (ii) a financial interest in any contract to which the City of Vernon is a party or been an employee of a business that has a financial interest in any contract, other than the lease of his or her residence or the provision of municipal services available to the public generally, to which the City of Vernon is a party. (d) Only one (1) of.the seven (7) members of the Commission may at any time be a member of the City Council. No more than three (3) members of the Commission may at any time be tenants in City - owned housing. Section 2.119. Terms (a) Commission members shall serve for a term of four (4) years and may be reappointed. However, so as to permit staggered terms, the Mayor shall select the one City Councilmember, one resident and one representative of businesses or property owners to serve an initial term of only two (2) years. No person shall serve more than two (2) full four (4) year terms. (b) In the event any Commission member resigns, no longer meets the criteria used as the basis for his or her selection pursuant to Section 2.118, or is unable to serve for any reason, the position shall be considered vacant and the Mayor shall, P within thirty (30) days after the position becomes vacant, select for ratification by the City Council a successor with the same qualifications to serve the unexpired term. (c) A Commission member shall be considered to have vacated his or her position on the Commission if he or she misses four or more consecutive meetings without a valid excuse as determined by the Commission. Section 2.120. Chairperson, Vice Chairperson and Officers (a) The Commission shall have a Chairperson and Vice Chairperson, who shall be from different appointing categories pursuant to Section 2.118. (b) The Commission members shall elect the Chairperson and Vice Chairperson at its first meeting and annually thereafter. No.Commission member may serve as Chairperson for more than two consecutive terms. The Chairperson shall preside over all Commission meetings and shall have the power to appoint subcommittees and the presiding chairs of those subcommittees. The Vice Chairperson shall, in the absence of the Chairperson, perform the duties of the Chairperson. (c) The officers of the Commission shall be the Secretary, Treasurer, Commission Counsel and Commission Director. (d) The Secretary shall keep and maintain the records of the Commission and the minutes of the Commission meetings and also shall perform all other duties incident to the office of Secretary of the Commission.. The City Clerk of the City of Vernon shall hold the position of Secretary of the Commission. 69 (e) The Treasurer shall supervise the fiscal affairs of the Commission, shall supervise the care and custody of all rent and other monies collected by the Commission and shall make such payments as authorized by the Commission. The Treasurer shall cause adequate, correct and regular accounts of the properties, monies and transactions managed by the Commission to be kept and maintained. The Treasurer shall render to the Commission, whenever requested, a Treasurer's report of the Commission's transactions and the financial condition of the City's investment in the City -owned dwelling units. The Treasurer of the City of Vernon shall hold the position of the Treasurer of the Commission. (f) The Commission Director is charged with the administration, management and general supervision of the business and affairs of the Commission. The City Administrator of the City of Vernon shall hold the position of the Commission Director. (g) The Commission Counsel shall be in overall charge of the legal affairs of the Commission and shall advise the Commission on matters within its jurisdiction, as well as with respect to compliance with the California Political Reform Act (Government Code Sections 81000, et seq.) and California Government Code Section 1090 et seq. The City Attorney of the City of Vernon shall hold the position of Commission Counsel. Section 2.121. Duties The Commission is hereby authorized, on behalf of the City of Vernon, to do the following: (a) Except as otherwise set forth in this Ordinance, to take any and all action with respect to each and every City -owned dwelling unit that any owner of property in the State of 0 California would have the authority to take; provided, however, that the Commission shall have no authority to sell or encumber any City -owned dwelling unit, acquire ownership in any new dwelling units on behalf of the City, or non -renew any lease (whether month -to -month or term) entered into prior to and in effect as of the effective date of this Ordinance unless such non -renewal is based on grounds that otherwise would qualify for removal of the tenant for cause. The Commission is, among other things authorized: (i) to enter into leases or rental agreements with tenants or prospective tenants; (ii) to take action to remove tenants for cause when such action is permitted by the laws of the State of California; (iii) to set, adjust and collect rents and transmit the funds to the City Treasurer; and (iv) to repair or reconstruct any dwelling unit that, in the sole discretion of the Commission is in need of repair or reconstruction, subject to the expenditure requirements of Section 2.122. (b) Recommend for adoption by the City Council and, upon adoption by the City Council, enforce a "Housing Policy" for the tenancy/occupancy of City -owned dwelling units that ensures that all Commission actions fully comply with all relevant provisions of State and Federal law. The Housing Policy shall, among other things, require that the Commission manage City -owned dwellings in conformance with State and Federal fair housing laws and provide that "first responders", which shall be defined in the Housing Policy but which shall include City firefighters, police officers, emergency medical technicians and similar positions held by employees of businesses located in Vernon, shall have first priority in leasing or renting units. The Housing Policy also shall provide for the renewal of leases for existing 7 tenants (whether such leases are month -to -month or for a term). The Commission shall recommend a Housing Policy to the City Council within sixty (60) days of the first meeting of the Commission. If the Commission has not recommended a Housing Policy for adoption by the City Council within ninety (90) days of the Commission's first meeting, the City Council may adopt a Housing Policy without any recommendation from the Commission. Following its adoption by the City Council, amendments to the Housing Policy shall be submitted to the Commission for a recommendation and then to the City Council for approval. (c) Make recommendations to the City Council regarding the extent to which City ownership of housing stock continues to provide public benefits that are sufficiently adequate to merit ownership and whether the public interest would be served by the City divesting its ownership in any of the City -owned dwelling units. The Commission shall within one hundred eighty (180) days of its first meeting make a recommendation to the City Council regarding whether the City should divest its ownership of City -owned housing and, if it recommends such divestiture, provide a recommendation for a procedure that affords existing tenants a priority right to purchase units they are currently leasing. (d) Make recommendations to the City Council with respect to opportunities for the development of housing opportunities in the City of Vernon and in other cities and communities in close proximity to the City of Vernon. (e) Advise the City Council with respect to all matters relevant to the Housing Element of the City of Vernon or any City -owned dwelling unit in the City of Vernon. N. (f) Perform such other duties as may be delegated by the City Council. Section 2.122. Legal & Professional Services (a) The City Administrator as Commission Director shall be the primary staff liaison to the Commission and shall provide the Commission with reasonable staff and support services. In the event the City Administrator is unable to provide such services for any reason, the Commission may enter into written contracts for staff and support services, and the fair and reasonable expenses shall be considered the obligation of the City and paid accordingly. For contracts that do not exceed an aggregate of twenty five thousand dollars ($25,000) over the term of the contract and do not exceed a term of three (3) years, the Commission may enter into the contract without prior approval by the City Council of the City of Vernon, subject to Section 2.'122(d). Contracts in excess of these thresholds shall require prior approval by the City Council of the City of Vernon. (b) The City Attorney of the City of Vernon as Commission Counsel shall provide the Commission with reasonable legal services. In the event the City Attorney is unable to provide those services for any reason, the Commission may enter into written contracts to retain counsel, and the fair and reasonable legal expenses shall be considered the obligation of the City and paid accordingly. For contracts that do not exceed an aggregate of twenty five thousand dollars ($25,000) over the term of the contract and do not exceed a term of three (3) years, the Commission may enter into the contract without prior approval by the City Council of the City of Vernon, 0 subject to Section 2.122(d). Contracts in excess of these thresholds shall require prior approval by the City Council of the City of Vernon. (c) The Commission shall have the authority to retain the services of any professional by written contract when necessary or appropriate to the performance of its duties set forth in Section 2.121, and the expenses incurred shall be considered the obligation of the City and paid accordingly. For contracts that do not exceed an aggregate of twenty five thousand dollars ($25,000) over the term of the contract and do not exceed a term of three (3) years, the Commission may enter into the contract without prior approval by the City Council of the City of Vernon, subject to Section 2.122(d) Contracts in excess of these thresholds shall require prior approval by the City Council of the City of Vernon. (d) Prior approval from the City Council of the City of Vernon shall be required before the Commission may enter into any contract that would result in the total value of contracts entered into by the Commission without Council approval for that calendar year exceeding $100,000. Section 2.123. Authority to Bind the City of Vernon The Commission shall have the authority to enter into, and bind the City of Vernon with respect to, leases, professional services and other contracts within the scope of the Commission's duties, as set forth in Section 2.121. When the Commission enters into contracts, it shall do so in the name of the City of Vernon. The Commission Director shall execute all contracts entered into by the Commission on behalf of the City of Vernon. 10 Section 2.124. Meetings The Commission shall meet at least bi-monthly, i.e., every other month, on a date and at a time that is established by the Commission at its first meeting. The Commission may schedule additional meetings as necessary or appropriate. The meetings shall be noticed and conducted in compliance with the Ralph M. Brown Act (Government Code Section 54950 et seq.). All meetings shall be open to the public and regular minutes of each meeting shall be maintained by the Secretary to the Commission. A majority of Commission members shall constitute a quorum. Action may be taken by the Commission only upon a favorable vote of a majority of the Commission. Section 2.125. Compensation The Member of the Commission who also serves on the City Council shall not receive compensation for their attendance at Commission meetings. All other Commission members shall receive one hundred dollars ($100.00) per meeting, up to a maximum of two hundred dollars ($200.00) in any calendar month, as well as their actual and necessary expenses incurred in the discharge of their duties. Travel expenses of Commission members for travel outside the County of Los Angeles shall not be reimbursed without prior approval of the City Council. The Secretary, Treasurer, Commission Counsel and Commission Director shall receive no compensation as Commission officers, other than compensation received from their primary employment. Section 2.126. Conflict of Interest The Commission shall, within thirty (30) days of the Commission's first meeting, adopt and submit to the City Council of the City of Vernon for approval a Conflict of Interest Code in compliance with the 11 California Political Reform Act (Government Code Sections 81000 et seq.), which Code shall also address the obligations of Commissioners under California Government Code Section 1090 et seq. SECTION 3: If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and this City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted. SECTION 4: Book of Ordinances. 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: Effective Date This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this 7th day of June, 2011. ATTEST: Willard G. Yamaguchi, City Clerk Name: Title: Mayor / Mayor Pro-Tem 0 ft STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1183 was duly and regularly introduced at a special meeting of the City Council of the City of Vernon, held in the City of Vernon on Thursday, May 26, 2011, and thereafter adopted at a meeting of said City Council held on Tuesday, June 7, 2011, by the following vote: AYES: Councilmembers: NOES: ABSENT: Councilmembers: Councilmembers: And thereafter was duly signed by the Mayor.or Mayor Pro-Tem of the City of Vernon. Executed this (SEAL) day of June, 2011, at Vernon, California. Willard G. Yamaguchi, City Clerk 13 Page 1 of 1 Juarez, Debbie From: Juarez, Debbie Sent: Thursday, June 09, 2011 9:56 AM To: Burnett, Rory; Enomoto, Kristen; Whitworth, Mark; Franco, Raquel; Rueda, Karina Cc: Yamaguchi, Willard; Barcia, Ana Subject: ORDINANCE NO. 1183 - ESTABLISHING A HOUSING COMMISSION Attachments: Ordinance No. 1183.pdf 6/9/2011 This space is for the County Clerk's Filing Stamp iasteru Group ]JUhl cativxts, cJur" 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 annexedisa 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 15day 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 This space is for the County Clerk's Filing Stamp �ztsterxt Group uhlica texts, ;4jxtrc_ 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, CITYTERRACE 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. 1%nokv___�2 ignature 0 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 - 11679 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 1.3.55, 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 26.4.14, 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: 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 encroachmentpermits 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 repeating 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 Dated: September 20, 2011 �4 None 0 'Millard G. YaOUCi, C t Clerk