Ordinance No. 1194ORDINANCE NO. 1194
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON ADDING SECTION 2.123.1 TO ARTICLE XVII
AND AMENDING ARTICLE XVII, SECTIONS 2.123, 2.125,
AND 2.128 OF THE VERNON CITY CODE RELATING TO
THE VERNON HOUSING COMMISSION
WHEREAS, on June 7, 2011,.the City Council of the City of
Vernon adopted 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 (the
"Commission"); and
WHEREAS, Section 2.123 of Article XVII of Chapter 2 of the
Vernon City Code provides provisions regarding the terms for Commission
members; and
WHEREAS, the City Council desires to amend subsection (b) of
Section 2.123 and add Section 2.123.1 to include a provision that enables the
City Council to, by majority vote, remove a commissioner for inefficiency,
neglect of duty, or misconduct in office, and to establish the procedures by
which such removal would occur; and
WHEREAS, Section 2.125 of Article XVII of Chapter 2 of the
Vernon City Code provides provisions regarding the duties of Commission
members; and
WHEREAS, the City Council desires to amend certain subsections
of Section 2.125 to implement a cap on the priority given to first
responders in leasing and to remove language which imposed one-time
deadlines on certain Commission actions that have since been met and no
longer have any applicability; and
WHEREAS, Section 2.128 of Article XVII of Chapter 2 of the Vernon
City Code provides that the Commission shall meet at least bi-monthly, i.e.,
every other month; and
WHEREAS, the City Council desires to amend Section 2.128 to provide
the Commission greater flexibility with regard to its regular meeting
schedule; and
WHEREAS, by memorandum dated May 31, 2012, the City
Administrator has recommended the adoption of an ordinance amending or
adding various provisions to the Vernon City Code regarding the
Commission.
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: Section 2.123(b) of Article XVII of Chapter 2 of the
Vernon City Code is hereby amended to read as follows:
(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, is removed pursuant to Section 2.123.1, or is
unable to serve for any reason, the position shall be considered
vacant and the Mayor shall, 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.
SECTION 3: Section 2.123.1 is hereby added to Article XVII of
Chapter 2 of the Vernon City Code and shall read as follows:
Section 2.123.1. Removal of Commission Member
(a) A Commission member may be removed by a majority vote of the
City Council for cause.
(b) "Cause" within the meaning of this section shall be limited to
inefficiency, neglect of duty, or misconduct in office.
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(c) Prior to the removal of a Commission member, the Commission
member shall be given a copy of the charges against him or her at least 10
days prior to any hearing on the charges by the City Council, which shall be
conducted in open session at a noticed meeting of the City Council. At the
hearing on the charges, the Commission member shall have an opportunity to be
heard in person or by counsel.
(d) If a Commission member is removed, a record of the proceedings
and the charges and findings on them shall be filed in the office of the City
Clerk.
SECTION 4: Section 2.125(b) of Article XVII of Chapter 2 of the
Vernon City Code is hereby amended to read as follows:
(b) Enforce the Vernon Rental Housing Policy and any amendments
thereto recommended by the Housing Commission and approved by the City Council..
Continue to provide "first responders," which shall be defined by the
Housing Commission, but shall at a minimum include City firefighters,
police officers, emergency medical technicians, and similar positions held
by employees of businesses located in Vernon, a first priority in leasing
units unless or until four (4) or more units are concurrently occupied by
first responders.
SECTION 5: Section 2.125(c) of Article XVII of Chapter 2 of the
Vernon City Code is hereby amended to read as follows:
(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.
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SECTION 6: Section 2.128 of Article XVII of Chapter 2 of the
Vernon City Code is hereby amended to read as follows:
Section 2.128. Meetings
The Commission shall meet at least semi-annually, i.e., twice
per year, on a date and at a time that is established by a resolution of
the Commission. 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. Once a quorum is established,
action may be taken by the Commission only upon a favorable vote of a
majority of the Commission members present and voting
SECTION 7: Any ordinance or parts of ordinances in conflict
with this Ordinance are hereby superseded.
SECTION 8: Severability. If any chapter, article, section,
subsection, subdivision, paragraph, sentence, clause, phrase, or word in this
Ordinance or any part thereof is for any reason held to be unconstitutional
or invalid or ineffective by.any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining
portions of this Ordinance or any part thereof. The City Council hereby
declares that it would have adopted this Ordinance and each chapter, article,
section, subsection, subdivision, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or more chapters, articles,
sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases
or words be declared unconstitutional, or invalid, or ineffective.
SECTION 9: Book of Ordinances. The City Clerk shall attest
and certify to the adoption of this Ordinance and shall cause this
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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 10: 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 19th day of June,
2012.
Name: Wil 'am J. Davis
Title: - / Mayor Pro-Tem
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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. 1194, was duly and regularly introduced at a regular
meeting of the City Council of the City of Vernon, held in the
City of Vernon on Tuesday, June 5, 2012, and thereafter adopted at
a meeting of said City Council held on Tuesday, June 19, 2012, by
the following vote:
AYES: Councilmembers: Mayor Pro-Tem Davis,
Maisano, McCormick,
Ybarra
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 y/ day of June %2012, at ye non, California.
(SEAL)
City
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: June 21, 2012
TO: Mark Whitworth, City Administrator
FROM: Willard Yamaguchi, City Clerk
RE: Ordinance No. 1194 — An Ordinance of the City Council of the City of Vernon Adding
Section 2.123..1 to Article XVII and Amending Article XVII, Sections 2.123, 2.125, and
2.128 of the Vernon City Code Relating to the Vernon Housing Commission
Transmitted herewith is a copy of Ordinance No. 1194 referenced above, which was approved by City
Council on June 19, 2012.
Thank you.
WY:dj
Attachment
c: Ana Barcia
Kristen Enomoto
Ordinance No. 1194
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RECEIVED 2�9�
MAY 3 1 2012
CITY CLERK'S OFFICE STAFF REPORT
CITY ADMINISTRATION
DATE: May 31, 2012
TO: Honorable City Council
FROM: Mark C. Whitworth, City Administrator.
RE: Proposed Amendments to Ordinance No. 1183 — Housing Commission
Background
At its May 15, 2012 meeting, the City Council held a discussion regarding the oversight of City
Council appointed commission and committee members and asked staff to conduct a
comparative analysis to the extent possible.
Legal counsel attempted to conduct a comparative analysis of nearby cities like Commerce,
Maywood, and Huntington Park, but provisions governing oversight of Council -appointed
boards was not available on their websites. The following conditions were found for the
following cities:
In West Hollywood, there are seven members on the Planning Commission. The five
City Council members each appoint one member, whom the respective council member
can remove at any time. Two commissioners are appointed at -large by a majority vote of
the City Council and may be removed by a majority vote of the Council at any time.
In Beverly Hills, commissioners may be removed by a majority vote of the City Council
for any reason.
In Santa Monica, there is a seven -member City Council, and an affirmative vote of five
members is required to remove a commissioner.
None of the cities reviewed requires "cause," nor do any have a provision for a first level review
at the commission level.
Additionally, Section 34282 of the Health and Safety Code provides as follows with respect to
the removal of Housing Authority Directors:
"For inefficiency, neglect of duty, or misconductin office, a commissioner may be
removed by the governing body of the county in the case of a county authority, or by the
mayor, if he has the power of appointment of commissioners, otherwise, by the governing
body of the city in the case of a city authority. A commissioner shall be removed only
after he has been given a copy of the charges at least 10 days prior to the hearing on them
and has had an opportunity to be heard in person or by counsel. If a commissioner is
removed, a record of the proceedings and the charges and findings on them shall be filed
in the office of the clerk."
Based on the findings above, it is recommended that Ordinance No. 1183, which established the
Housing Commission and provided for the appointment and terms of its member, be amended to
include a provision that enables the City Council to, by majority vote, remove a commissioner
for inefficiency, neglect of duty, or misconduct in office, and establishes the procedures by
which such removal would occur.
Legal counsel has determined that members of ad hoc advisory committees (i.e. Electric Rates
Committee and Business Development Committee) may be removed for any reason at any time.
At its May 10, 2012 meeting, the Housing Commission held a discussion respecting the current
ordinance provision that provides first responders a first priority in leasing City -owned housing
units. The Commission heard public testimony on the matter, as it has on a couple previous
occasions, discussed the importance of first responders in the Vernon community, and looked at
some of the pros and cons of the first responder priority, such as the added safety provided to
people and property versus the potential perception of favoritism and disproportionate
representation that could result. In line with recommendations made by business representatives
and Senator De Leon's office, the Housing Commission is recommending that a three -unit cap
be placed on the priority given to first responders in leasing, meaning no priority shall be give to
first responders whenever there are three or more units concurrently occupied by first responders.
While the aforementioned amendments to the Housing Commission Ordinance (1183) are being
considered, it is recommended that the City Council also consider a few housekeeping
amendments stipulated in the recommendation below.
Recommendation
It is recommended that the City Council approve the following proposed amendments to
Ordinance No. 1183:
1. Add a section to provide City Council authority and bases for Commission member
removal.
2. Implement a cap on the priority given to first responders in leasing.
3. Remove language from subsections b and c of Section 2.125 relating to duties that
imposed one-time deadlines on certain Commission actions that have since been met and
no longer have any applicability.
4. Amend Section 2.128 relating to meetings to reduce the meeting frequency requirement
to semi-annually, meaning twice per year, and enable the Commission to take action by
an affirmative vote of a majority of a quorum.
Staff Report 05/31/12 — Amendments to Ordinance 1183 Page 2
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City of Vernon City Council Meeting
June 19, 2012
Ordinance No. 1194 Summary
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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:
JUNE 14,
all in the year 2012.
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 141hday of JUNE, 2012.
CITY OF VERNON
Proof of Publication of
City of Vernon City Council Meeting
June 5, 2012
Ordinance No. 1194 Summary
Signature