Loading...
Ordinance No. 1188 (5)ORDINANCE NO. 1188 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON ESTABLISHING A SUSTAINABLE DEVELOPMENT AND ENERGY EFFICIENCY COMMISSION WHEREAS, the provisions of Chapter 2 of the City Charter of the City of Vernon state: "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, and duties; and WHEREAS, the City Council of the City of Vernon has determined that the creation of a Sustainable Development and Energy Efficiency 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 Sustainable Development and Energy Efficiency Commission with the members and duties specified in this Ordinance is necessary and appropriate to enhance the sustainability infrastructure of the City and that having the Commission carry out these functions 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 Sustainable Development and Energy Efficiency 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 neighboring communities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: CODE AMENDED. Article XVI of Chapter 2 of the Vernon Municipal Code is hereby added to read as follows: "ARTICLE XVI SUSTAINABLE DEVELOPMENT AND ENERGY EFFICIENCY COMMISSION TABLE OF CONTENTS Section 2.145. Commission Established. Section 2.146. Appointment of Members. Section 2.147., Terms. Section 2.148. Chairperson, Vice Chairperson, and Officers. Section 2.149. Powers and Duties. Section 2.150. Meetings. Section 2.151. Staff and -Support Services. Section 2.152. Compensation. Section 2.153. Conflicts of Interest. Section 2.154. Severability. Section 2.145. Commission Established. The City Council of the City of Vernon hereby establishes the Sustainable Development and Energy Efficiency Commission. For the purposes of this Article, the Sustainable Development and Energy - 2 - Efficiency Commission shall be referred to as the Commission. Section 2.146. Appointment of Members. (a) The Commission shall comprise seven members to be selected by the Mayor and ratified by the City Council. The seven members of the Commission shall include: (1) three representatives from Vernon's business community, including the President of the Vernon Chamber of Commerce or his/her designee; (2) two labor representatives; and (3) two environmental representatives, one of which shall be from the environmental -justice community. (b) The City Administrator shall make recommendations to the City Council for potential business and labor representatives to serve on the Commission, and the Director of Health and Environmental Control shall make recommendations to the City Council for potential representatives of the environmental -justice community to serve on the Commission. (c) No member of the Commission shall have, at any time within the five years preceding appointment: (i) been an employee or a consultant of the City of Vernon; 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. (d) No member of the Commission may at any time be a member of the City Council. Section 2.147. Terms. (a) Commission members shall serve for a term of four years and may be reappointed. However, to permit staggered terms, the - 3 - Mayor shall select one representative from each of the three categories in Section 2.128(a) to serve an initial term of only two years. No person shall serve more than two full four-year terms. (b) If a Commission member resigns, no longer meets the criteria used as the basis for his or her selection pursuant to Section 2.128, or is unable to serve for any reason, the position shall be considered vacant and the Mayor shall, within 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 2.148. 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 2.128(a). (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 years. 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, 4 - Commission Counsel, and Commission Director. (1) 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, or his/her qualified designee, shall hold the position of Secretary of the Commission. (2) The Commission Counsel shall be in 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 section 81000 et seq.) and Government Code section 1090 et seq. The City Attorney of the City of Vernon, or his/her qualified designee, shall hold the position of Commission Counsel. (3) The Commission Director is charged with the administration, management, and general supervision of the business and affairs of the Commission. The Director of Health and Environmental Control of the City of Vernon, or his/her qualified designee, shall hold the position of Commission Director. Section 2.149. Powers and Duties. within the limitations provided by law, the Commission shall have the following powers and duties: (a) Recommend for adoption by the City Council a "Sustainability Action Plan" for the City of Vernon that will guide the City in developing and maintaining its sustainability infrastructure. The Sustainability Action Plan should, among other things, (1) outline goals for the City's sustainability - 5 - infrastructure, (2) describe the regulatory framework and industry standard -setting bodies that will govern the City's infrastructure, (3) identify specific areas in which the City can become more sustainable and energy efficient, and (4) identify types of "green" businesses the City should attract. The Commission shall recommend a Sustainability Action Plan to the City Council within 90 days of the Commission's first meeting. If the Commission has not recommended a Sustainability Action Plan for adoption by the City Council within 120 days of the Commission's first meeting, the City Council may adopt a Sustainability Action Plan without any recommendation from the Commission. Following adoption by the City Council, amendments to the Sustainability Action Plan shall be recommended by the Commission to the City Council for approval. (b) Prepare an annual work plan and request for budget authorization for review and approval by the City Council. The work plan and request for budget authorization shall be submitted within 60 days of the Commission's first meeting and each year thereafter. The work plan shall outline the goals and focus of the Commission for the upcoming year. The Commission's annual budget shall be managed by the City Treasurer of the City of Vernon. (c) Submit to the City Council for adoption sustainability and energy -efficiency policies, guidelines, and/or requirements for City Staff to incorporate into their review, reports, and recommendations to the City Council regarding applications for Conditional Use Permits and Variances. (d) Provide a forum for addressing public concerns related to - 6 - sustainability policies and practices. (e) Work on sustainability-related projects as directed by the City Council. (f) Advise, assist, and make recommendations to the City Council regarding: (1) sustainability and energy -efficiency standards to incorporate into the Zoning or Community Development Chapters of the Code; (2) efforts to educate citizens of ways to make the City of Vernon more sustainable; (3) policies and plans to enhance the sustainability of the City of Vernon including, but not limited to, water and energy efficiency, renewable resources, climate change strategies, air quality, waste management and recycling, water resources, building and infrastructure, transportation, and natural resource conservation. (g) Perform such other duties as the City Council may assign or designate. Section 2.150. Meetings. (a) The Commission shall meet at least bi-monthly, i.e., every other month, on dates and at times to be established by the Commission at its first meeting. The Commission may schedule additional meetings as necessary or appropriate. (b) Commission 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 - 7 - shall constitute a quorum. Action may be taken by the Commission only upon a favorable vote of a majority of the Commission's members constituting a quorum. Section 2.151. Staff and Support Services. The Director of Health and Environmental Control, as Commission Director, shall be the primary staff liaison to the Commission and shall provide the Commission with reasonable staff and support services. Section 2.152. Compensation. Each of the seven appointed members of the Commission 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 for travel outside the County of Los Angeles shall not be reimbursed without prior approval of the City Council. The Secretary, Commission Counsel, and Commission Director shall receive no compensation as Commission officers, other than compensation received from their primary employment with the City. Section 2.153. Conflicts of Interest. The Commission shall, within 30 days of the Commission's first meeting, adopt and submit to the City Council for approval a Conflict of Interest Code in compliance with the California Political Reform Act, Government Code section 81000 et seq., which Code shall also address the obligations of Commissioners under California Government Code section 1090 et seq. - 8 - Section 2.154. Severability. If any provision of this Article is declared legally invalid by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect.,, SECTION 2: SEVERABILITY. The City Council declares that, should any portion of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining portions of this ordinance shall remain in full force and effect. SECTION 3: PUBLICATION. The City Clerk shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk's certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk shall cause this ordinance to be published or posted as required by law. - 9 - SECTION 4: 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. SECTION 5: RENUMBERING. For the sake of clarity, the following provisions of the Vernon Municipal Code are reordered and renumbered as follows: (a) The provisions enacted by Ordinance No. 1183 are reordered and renumbered as Article XVII, Sections 2.121-2.130, of Chapter 2 of the Code of the City of Vernon. (b) The provisions enacted by Section 4 of Ordinance No. 1022 are reordered and renumbered as Article XVI, Sections 2.119-2.120, of Chapter 2 of the Code of the City of Vernon. APPROVED AND ADOPTED this 1s` day of November, 2011. ATTEST: r- Ana Frarcia, Deputy City Clerk Name = Title: KKWr / Mayor Pro-Tem - 10 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, ANA BARCIA, Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1188 was duly and regularly introduced at a meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, October 18, 2011, and thereafter adopted at a meeting of said City Council held on Tuesday, November 1, 2011, by the following vote: AYES: Councilmembers: Mayor Pro-Tem Davis, Maisano, McCormick NOES: Councilmembers: None ABSENT: Councilmembers: Mayor Gonzales, Newmire And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Verno Executed this day of November, 2011, at Vernon, California. r ZE— IZ14- ANY BARCIA Deputy City Clerk (SEAL) Me= CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: November 2, 2011 TO: Carlos Fandino, Director of Light & Power Mark Whitworth, City Administrator/Fire Chief FROM: Ana Barcia, Deputy City Clerk RE: Ordinance No. 1188 — An Ordinance of the City Council of the City of Vernon Establishing a Sustainable Development and Energy Efficiency Commission Transmitted herewith is a copy of Ordinance No. 1188 referenced above, which was approved by City Council on November 1, 2011. Thank you. M Attachment c: Kristen Enomoto Willard Yamaguchi Ordinance No. 1188 STAFF REPORT CITY ADMINISTRATION DATE: October 13, 2011 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrator MW " Recel eo OCT 13 2011 CITY CLERK'S OFFICE RE: Ordinance Establishing Sustainable Development and Energy Efficiency Commission Backaround In Resolution No. 2011-69, the City of Vernon established an Ad Hoc Sustainable Development and Energy Efficiency Committee to work toward the development of a Sustainable Development Plan. In the course of evaluating further how the City could better promote sustainability in the City, Staff determined that creating a standing Sustainable Development and Energy Efficiency Commission (SDEEC) with ongoing responsibilities and oversight, as opposed to an ad hoc committee, would be more effective. On August 25, 2011, the City adopted a resolution directing the City Administrator to prepare an Ordinance for establishing the SDEEC and vesting it with the responsibility to oversee major City projects and ensure their compliance with the City's environmental standards and requirements, as well as the duty to make recommendations and promote best practices for sustainable development and energy efficiency in the City. This Report recommends that the City Council enact the attached Ordinance establishing the SDEEC and vesting it with the responsibility to draft and recommend a Sustainability Action Plan, along with other powers and duties to enhance the sustainability infrastructure of the City. Sustainable Development and Energy Efficiency Commission Chapter 7.5 of the City Charter authorizes the City Council to establish by ordinance such commissions as the Council deems necessary and 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 an SDEEC, with the members and duties specified in the attached Ordinance, is necessary and appropriate to enhance the sustainability infrastructure of the City; would serve the public interest and general welfare; and is in the best interest of City residents and neighboring communities. As set forth in the attached Ordinance, the SDEEC would have seven voting members representing different constituencies in the City, including three representatives from the business community (one of whom would be the President of the Vernon Chamber of Commerce or his/her designee), two labor representatives, and two representatives of the environmental - justice community. The Mayor would appoint these members of the Commission, with ratification by the Council. The City Administrator would make recommendations to the City Council for potential business and labor representatives, and the Director of Health and Environmental Control would make recommendations to the City Council for potential representatives from the environmental justice community. Sustainability Action Plan Once established, the SDEEC would be charged with drafting and recommending a Sustainability Action Plan for adoption by the City Council within 90 days of the Commission's first meeting. The Sustainability Action Plan will guide the City in developing and maintaining its sustainability infrastructure and will, among other things, (1) outline goals for the City's sustainability infrastructure, (2) describe the regulatory framework and industry standard -setting bodies that will govern the City's infrastructure, (3) identify specific areas in which the City can become more sustainable and energy efficient, and (4) identify types of "green" businesses the City should attract. Other Duties and Powers In addition to drafting and recommending a Sustainability Action Plan, the SDEEC would prepare annual work plans and budget -authorization requests for review and approval by the City Council. Such work plans and requests would outline the goals and focus of the Commission for the upcoming year. Other duties of the SDEEC would include, among other things, (1) submitting to the Council for adoption sustainability and energy -efficiency policies, guidelines, and/or requirements for City Staff to incorporate into their review, reports, and recommendations to the Council regarding applications for Conditional Use Permits and Variances; (2) advising, assisting, and making recommendations to the Council regarding sustainability and energy - efficiency standards to incorporate into the Zoning or Community Development Chapters of the Code; and (3) working on sustainability-related projects as directed by the Council. Recommendation Adopt the attached Ordinance establishing the Sustainable Development and Energy Efficiency Commission. is Juarez, Debbie From: Barcia, Ana Sent: Monday, November 07, 2011 10:27 AM To: 'Bianca @ Eastern Group' Cc: Juarez, Debbie; Yamaguchi, Willard Subject: Ordinance No. 1188 -second summary Attachments: 1188 Second Summary.doc; 1189 First Summary.doc Good morning Bianca, Please include the attached second Summary for Ordinance No. 1188 and first Summary for Ordinance No. 1189 in the November 10, 2011, publication. Please respond to this email confirming receipt. You may forward the invoice to my attention. Thank you, Ana Barcia City of Vemon T: 323) 583-8811 ex 286 F: 323) 826-1439 abarciQci. 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 NOVEMBER 1, 2011 ORDINANCE NO. 1188 SUMMARY A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1188 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. Ordinance No. 1188 was duly introduced at a regular meeting of the City Council of the City of Vernon held on October 18, 2011, and approved and adopted by said Council at a regular meeting held on November 1, 2011. On November 1, 2011, the City Council of the City of Vernon adopted Ordinance No. 1188 Establishing a Sustainable Development and Energy Efficiency Commission. Willard G. Yamaguchi, City Clerk of the City of Vernon, does hereby certify that Ordinance No. 1188 was duly introduced and approved by the City Council of the City of Vernon at a regular meeting held on October 18, 2011 and adopted and passed by said Council at a regular meeting held on November 1, 2011 by the following roll call vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Dated: Mayor Pro -Tern Davis, Maisano, McCormick None Mayor Gonzales, Newmire Willard G. Yamaguchi, City Clerk This space is for the County Clerk's Filing Stamp i tstexxt Gxnup Itthlir dints, �Jjzjc: The Only All Hispanic Owned Chain of Bilingual Newspapers 111 S. Avenue 59, Los Angeles, CA 90042-4211 Ph 323.341-7970 • Fax 323.341-7976 • www.egpnews.com PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States and a resident of the County aforementioned; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of EASTERN GROUP PUBLICATIONS' EASTSIDE SUN, MEXICAN AMERICAN SUN, NORTHEAST SUN, BELL GARDENS SUN, VERNON SUN, COMMERCE COMET, CITY TERRACE COMET, MONTEBELLO COMET, MONTEREY PARK COMET, E.L.A. BROOKLYN BELVEDERE COMET AND WYVERNWOOD CHRONICLE, newspapers of general circulation, printed and published THURSDAYS in the County of Los Angeles, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of JUNE 21, 1966, CASE NUMBER 884861; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: OCTOBER 27, 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 27thday of OCTOBER, 2011. fNMA911� Signature L") CITY OF VERNON Proof of Publication of City of Vernon City Council Meeting October 18, 2011 Ordinance No. 1188 Summary This space is for the County Clerk's Filing Stamp ��,tsdrru group �ax�Ctcax#texts, �J&te_ The OnlyAll 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 nonpa`reil); 'ha's been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: NOVEMBER 10, 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 10t—" day of NOVEMBER, 2011. CITY OF VERNON Proof of Publication of City of Vernon City Council Meeting November 1. 2011 Ordinance-No..1188:Summary Signature CITY OF VERNON CITY COUNCIL MEETING OCTOBER 18, 2011 ORDINANCE NO. 1188 SUMMARY A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NO. 1188 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. Ordinance No. 1188 was duly introduced at a regular meeting of the City Council of the City of Vernon held on October 18, 2011. Ordinance No. 1188 is scheduled to be approved and adopted by said Council at a regular meeting to be held on November 1, 2011. On October 18, 2011, the City Council of the City of Vernon is proposing to adopt Ordinance No. 1188 Establishing a Sustainable Development and Energy Efficiency Commission. Willard G. Yamaguchi, City Clerk of the City of Vernon, does hereby certify that Ordinance No. 1188 was duly introduced to the City Council of the City of Vernon at a regular meeting held on October 18, 2011 and said Ordinance is scheduled to be approved and adopted at a regular meeting of the City Council to be held on November 1, 2011. Dated: October 25, 2011 CITY OF VERNON CITY COUNCIL MEETING NOVEMBER 1, 2011 ORDINANCE NO. 1188 SUMMARY A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1188 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. Ordinance No. 1188 was duly introduced at a regular meeting of the City Council of the City of Vernon held on October 18, 2011, and approved and adopted by said Council at a regular meeting held on November 1, 2011. On November 1, 2011, the City Council of the City of Vernon adopted Ordinance No. 1188 Establishing a Sustainable Development and Energy Efficiency Commission. Willard G. Yamaguchi, City Clerk of the City of Vernon, does hereby certify that Ordinance No. 1188 was duly introduced and approved by the City Council of the City of Vernon at a regular meeting held on October 18, 2011 and adopted and passed by said Council at a regular meeting held on November 1, 2011 by the following roll call vote: AYES: COUNCILMEMBERS: Mayor Pro-Tem Davis, Maisano, McCormick NOES: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: Dated: `� d f, Mayor Gonzales, Newmire