Ordinance No. 1195ORDINANCE NO. 1195
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON ADDING SECTION 2.147.1 TO ARTICLE XIX AND
AMENDING ARTICLE XIX, SECTIONS 2.147, 2.149 AND
2.150 OF THE VERNON CITY CODE RELATING TO THE
SUSTAINABLE DEVELOPMENT AND ENERGY EFFICIENCY
COMMISSION
WHEREAS, on November 1, 2011, the City Council of the City of
Vernon adopted Ordinance No. 1188 establishing a Sustainable
Development and Energy Efficiency Commission (the "Commission"); and
WHEREAS, Section 2.147 of Article XIX 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 2.147 and add Section 2.147.1 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 2.149 of Article XIX of Chapter 2 of the
Vernon City Code provides provisions regarding the powers and duties of
Commission members; and
WHEREAS., the City Council desires to remove certain language
from subsection (a) of Section 2.149 relating to powers and duties that
imposed one-time deadlines on certain Commission actions that have
since been met and no longer have any applicability; and
WHEREAS, Section 2.150 of Article XIX 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 2.150 to
provide the Commission greater flexibility with regard to its regular
meeting schedule; and
WHERERAS, 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.
NOW, THEREFORE, 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 2.147(b) of Article XIX of Chapter 2 of
the Vernon City Code is hereby amended to read as follows:
(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, is removed pursuant to Section 2.147.1, 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.
SECTION 3: Section 2.147.1 is hereby added to Article XIX
of Chapter 2 of the Vernon City Code and shall read as follows:
Section 2.147.1. 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 2.149(a) of Article XIX of Chapter 2 of
the Vernon City Code is hereby amended to read as follows:
(a) Periodically review the "Sustainability Action Plan" for
the City of Vernon, which should, 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. As
appropriate, make recommendations regarding amendments to the
Sustainability Action Plan to the City Council for approval.
SECTION 5: Section 2.150 of Article XIX of Chapter 2 of the
Vernon City Code is hereby amended to read as follows:
Section 2.150. Meetings.
(a) The Commission shall meet at least semi-annually, i.e.,
twice per year, on dates and at times to be established by a resolution
of the Commission. The Commission may schedule additional meetings as
necessary or appropriate.
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(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 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 6: Any ordinance or parts of ordinances in conflict
with this Ordinance are hereby superseded.
SECTION 7: 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 8: 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.
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SECTION 9: 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: Will' m 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. 1195, 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%
(SEAL)
day of June,/f012, at
City Clerk
6
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CITY CLERK'S OFFICE
IQNIDI:Z1]yycol AuIBluT[1 ;, � 1 u
DATE: June 21, 2012
TO: Leonard Grossberg; Interim Director of Environmental Health
Mark Whitworth, City Administrator/Fire Chief
FROM: Willard Yamaguchi, City Clerk /t
RE: Ordinance No. 1195 — An Ordinance of the City Council of the City of Vernon Adding
Section 2.147.1 to Article XIX and Amending Article XIX, Sections 2.147, 2.149 and
2.150 of the Vernon City Code Relating to the Sustainable Development and Energy
Efficiency Commission
Transmitted herewith is a copy of Ordinance No. 1195 referenced above, which was approved by City
Council on June 19, 2012.
Thank you.
WY:dj
Attachment
c: Ana Barcia
Kristen Enomoto
Ordinance No. 1195
iI W
RECEIVED
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. 1188 - C
Backeround
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 misconduct in 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. 1188, which established the
Sustainability and Energy Efficiency Commission (SDEED) and provided for the appointment
and terms of its members, 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.
While the aforementioned amendment to Ordinance No. 1188 is 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. 1188:
1. Add a section to provide City Council authority and bases for Commission member
removal.
2. Remove language from Section 2.149(a) relating to powers and duties that imposed one-
time deadlines on certain Commission actions that have since been met and no longer
have any applicability.
3. Amend Section 2.150 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 1188 Page 2
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CITY OF VERNON
Proof of Publication of
City of Vernon City Council Meeting
June 5, 2012
Ordinance No. 1195 Summary
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111 S. Avenue 59, Los Angeles, CA 90042-4211
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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 28,
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 281hday of DUNE, 2012.
�amdlow,
Signature
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CITY OF VERNON
Proof of Publication of
City of Vernon City Council Meeting
June 19, 2012
Ordinance No. 1195 Summary