Ordinance No. 1215ORDINANCE NO. 1215
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON, CALIFORNIA, CORRECTING SECTION 5.22(C)(8)
OF ARTICLE II OF CHAPTER 5 OF THE CODE OF THE CITY
OF VERNON TO REDUCE THE RATE OF THE BUSINESS
LICENSE TAX FOR CATERING VEHICLE BUSINESSES
("HOT FOOD TRUCKS")
WHEREAS, the City of Vernon (the `City"), is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State
California; and
WHEREAS, Section 5.2.2 of the Code of the City of Vernon sets
forth the maximum rates for the City's Business License Tax; and
WHEREAS, by its adoption of Ordinance No. 1208 at the
April 9, 2013, General Municipal Election, the electorate approved an
across-the-board fivefold increase of the maximum rates; and
WHEREAS, in an industrial City, catering vehicles provide a
unique and essential service; and
WHEREAS, the City has historically levied the Business
License Tax on catering vehicle businesses at special "per vehicle"
rate; and
WHEREAS, on October 1, 2013, the City Council of the City of
Vernon adopted Ordinance No. 1214 amending Sections 5.22(c)(7) and
5.22(c)(8) of Article II of Chapter 5 of the Code of the City of Vernon
to reduce the rate of the business license tax for catering vehicle
businesses; and
WHEREAS, as the result of a clerical error the rate for hot
food trucks was not changed at all; and
WHEREAS, the City Council wishes to correct this error to set
100813441
the Annual Business License Tax at $787.00/yr for Catering Vehicle -Hot
Food, as it originally intended.
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 all of the foregoing recitals are true and
correct.
SECTION 2: Section 5.22(C)(8) of Article II of Chapter 5 of
the Code of the City of Vernon is hereby amended to read:
"(8) Catering Vehicle -Hot Food (§ 5.25(b)(1)(i))
$787.00/yr."
SECTION 3: The intent of this Ordinance is to correct a
clerical error and, as in the original Ordinance No. 1214, to set the
Business License Tax upon catering vehicle businesses at a rate that
is lower than the maximum rate approved by the voters. This Ordinance
does not affect the Business License Tax upon any business other than
a catering vehicle business; such businesses shall be taxed at the
maximum rate approved by the voters or set forth in the Code of the
City. It is the intent of the City Council that the rates set forth
in this Ordinance shall be subject to the automatic inflation
adjustment provided for in Section 5.31 of the Code of the City.
SECTION 4: The provisions of Ordinance No. 1214 not
consistent with or in conflict with this ordinance are hereby
repealed; in all other respects, Ordinance No. 1214, shall remain in
full force and effect.
SECTION 5: 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
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100813441
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 6: Book of Ordinances. The Interim City Clerk, or
Deputy City Clerk, shall attest and certify to the adoption of this
Ordinance and shall cause this Ordinance and the Interim City Clerk's,
or Deputy City Clerk's, certification to be entered in the Book of
Ordinances of the Council of this City. The Interim City Clerk, or
Deputy City Clerk, shall cause this ordinance to be published or
posted as required by law.
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100813441
SECTION 7: Effective Date. This Ordinance is a correction
of a clerical error in an Ordinance, and 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. The tax rates set forth in this Ordinance shall go
into effect on January 1, 2014.
APPROVED AND ADOPTED this 5th day of November, 2013.
(u
Interim City Clerk
APPROVED AS )TO/CORM:
Nicholas
Name: W. Michael McCormick
Title: Mayor
(d a(I I
riguez, City Attorney
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100813441
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, DANA REED, Interim City Clerk of the City of Vernon,
do hereby certify that the foregoing Ordinance, being Ordinance
No. 1215, 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, October 15, 2013, and thereafter adopted at a
meeting of said City Council held on Tuesday, November 5, 2013, by
the following vote:
AYES: Councilmembers: Mayor McCormick, Mayor
Pro-Tem Davis, Maisano,
Ybarra
NOES: Councilmembers: None
ABSENT: I Councilmembers: Martinez
And thereafter was duly signed by the Mayor or Mayor
Pro-Tem of the City of Vernon.
Executed this day of November, 2013, at Vernon,
California. kn
d
Interim City Clerk
(SEAL)
-5-
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: November 7, 2013
TO: William Fox, Finance Director
Leonard Grossberg, Director of Health & Environmental Control
FROM: Deborah Juarez, Records Management Assistant Uv w
RE: Ordinance No. 1215 — An Ordinance of the City Council of the City of Vernon, California,
Correcting Section 5.22 (C) (8) of Article II of Chapter 5 of the Code of the City of Vernon
to Reduce the Rate of the Business License Tax for Catering Vehicle Businesses ("Hot Food
Trucks")
Transmitted herewith is a copy of Ordinance No. 1215 referenced above, which was approved by City
Council on November 5, 2013.
Thank you.
Attachment
c: Ana Barcia
Shirley Salas
Ordinance No. 1215
RECE
o2rGl�/11���i% 3 i
OCT 0 9 2013
yr
RECEIVED STAFF REPORT
OCT 0 9 2013 Finance Department
CITY CLERK'S OFFICE
DATE: October 15, 2013
TO: Honorable Mayor and City irector Council, f
FROM: William Fox, Finance DV
CITY ADMINISTRATION
RE: Ordinance No. 1215 Correcting Section 5.22 (c) (8) of Article II of
Chapter 5 of the Code of the City of Vernon to Reduce the Rate of the
Business License Tax for Catering Vehicle Businesses (Hot Food
Trucks)
RECOMMENDATION
It is recommended that the City Council:
1. Find that correcting Section 5.22(c)(8), of the Code of the City of Vernon, which
modified the annual Business License Tax for hot food catering vehicles, is exempt
under the California Environmental Quality Act (CEQA) in accordance with Section
15061(b)(3). The general rule is that CEQA only applies to activities that may have
an effect on the environment. Modifying the annual business license tax rates would
not be subject to CEQA.
2. Hold the first reading of, and subsequently adopt, Ordinance No. 1215, correcting
the Annual Business License Tax rate for Catering Vehicle — Hot Food to reduce the
rate and to mirror the County of Los Angeles at $787.00/yr. This will correct a
clerical error which resulted in the rate not being changed at all for hot food trucks.
BACKGROUND
On April 9, 2013 the General Municipal Election was held. Measure K was enacted
where the existing Business License Tax rates would increase fivefold. In response to
City Council feedback, on October 1, 2013, the City Council adopted Ordinance No.
1214 to reduce the business license tax rates for mobile catering trucks to be in line with
Los Angeles County. The prior rate for cold food catering trucks was $1,150 and for hot
food catering trucks was $1,400. Ordinance No. 1214 was intended to reduce the rates
to mirror those of Los Angeles County at $602 for a cold food catering truck and $787
for a hot food catering truck. However, as the result of a clerical error, the rate for hot
food trucks was not reduced.
The correction will reduce the Annual Business License Tax rate for hot food catering
trucks to a rate of $787 per year. This correction is the purpose of the proposed
Ordinance No. 1215.
The change in tax will still take effect on January 1, 2014, as per Ordinance No. 1214.
FINANCIAL IMPACT
There is no fiscal impact related to the correction of the ordinance as it merely sets the
Annual Business License Tax for hot food trucks at the amount originally envisioned by
City Council.
CITY OF VERNON CITY COUNCIL MEETING
OCTOBER 15, 2013
ORDINANCE NO. 1215 SUMMARY
(Correcting Section 5.22(c)(8) of Article II of Chapter 5 of the Code of the City of
Vernon to reduce the rate of the Business License Tax for Catering Vehicle Businesses
"Hot Food Trucks")
A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NO. 1215
IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA.
Ordinance No. 1215 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on October 15, 2013. Ordinance No. 1215 is scheduled to be
approved and adopted by said Council at a regular meeting to be held on November 5,
2013.
On November 5, 2013, the City Council of the City of Vernon is proposing to adopt
Ordinance No. 1215 correcting Section 5.22(c)(8) of Article II of Chapter 5 of the Code
of the City of Vernon to reduce the rate of the Business License Tax for Catering Vehicle
Businesses ("Hot Food Trucks").
Dana Reed, Interim City Clerk of the City of Vernon, does hereby certify that Ordinance
No. 1215 was duly introduced to the City Council of the City of Vernon at a regular
meeting held on October 15, 2013, and said Ordinance is scheduled to be approved and
adopted at a regular meeting of the City Council to eld on November 5, 2013.
Dated:0
F
Reed, Interim City Clerk
I
This space is for the County Clerk's Filing Stamp
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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,
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 J U N E 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 31,
all in the year 2013.
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 31�day of OCTOBER, 2013.
1&rncka:��
Signature
CITY OF VERNON
Proof of Publication of
City of Vernon City Council Meeting
October 15, 2013
Ordinance No. 1215 Summary
:CITY O0 VERNON CITY COUNCIL III E 40
OCTOBER 1)5, 2013 _ , , '
OhDINANGE,NO 1215°SUMMARY `
(.0orrectmg $ection 5 22((c)(8) of Article ill of Chapter of the
ode ofthn e,Cit�l of Verndto ret�uce the rate
C"of the BGsiness
LirenseTaxfoeCa(enn�VehpcleB sine#ses F�otEoodTFucks") }
pp ✓ r 3y
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A CERTIFIEd COPY OFtTHEqFILL TEXT OF"PROPOSED ORDINANCE
NO 1215 IS AVAILABLE iN THE OFFICE OF�T.HE q Y CLER(r LOCATED
gT4305SANTAFE�VENU,,E�UERON(AJ`Ff�kJ(garify�..
Qrdi ,pnoe No (was a ��iFtrodOded a� a�PeguJa�3;(neetm of'the'
} City Counal of the Oi y'of Ve non held-6n Octbber 15 2013 Ofdm"�ncg
No .1215 is ache,dul b� app oved and adtlptesatd�Coo cil at a
�egulaG,meo(ingtto be'heliltonflgerrber 5, 20:3 ;° .
Ort November.5 2013 tF1e Ctty CRouncil of the City of Vefgon is proposing
to adopt Ordinance fro 1215,coe�e`cfing Section 5 22(b')(8,y of Article
II of Chapter 5, of The Code of tyhe City oftVemon (o reduce the rate of ,
the Bdsmess�License Tax',for Caleri(ig Vehicle` Busine.s 1 (HotYFood
Dana'Reed II,M,e�flfi Ctty Clerk ot1the'Ci(y of Vernon Jdoes here�� certify,l
that Ordmancg No 1215 was duly introduced to the City Council of the
City of Verpori aE;a ibgl'31a? meeting, eid on October 15:`2013' aniisaic
OrdJafioe is scheduled to be aporoved and adopted at a r"egylar meeting'
of fhe dy Council to be he18 onNovd 1 e�t5; 2013,
a £ ,t r
SOF Dane Reecj Intenm Gity Clerk ; b
CITY OF VERNON CITY COUNCIL MEETING
NOVEMBER 5, 2013
ORDINANCE NO. 1215 SUMMARY
(correcting Section 5.22(c)(8) of Article II of Chapter 5 of the Code of the City of Vernon
to reduce the rate of the Business License Tax for Catering Vehicle Businesses "Hot
Food Trucks" )
A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1215
IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA.
On November 5, 2013, the City Council of the City of Vernon approved and adopted
Ordinance No. 1215 correcting Section 5.22(c)(8) of Article II of Chapter 5 of the Code
of the City of Vernon to reduce the rate of the Business License Tax for Catering Vehicle
Businesses ("Hot Food Trucks").
I, Dana Reed, Interim City Clerk of the City of Vernon, do hereby certify that Ordinance
No. 1215 was duly approved and adopted by the City Council of the City of Vernon at a
regular meeting held on November 5, 2013, and passed by said Council by the following
vote:
AYES: COUNCILMEMBERS: McCormick, Davis, Maisano, Ybarra
NOES: CQUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Martinez
Dated:
Reed, Interim City Clerk
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:
NOVEMBER 14,
all in the year 2013.
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 14t—" day of NOVEMBER, 2013.
This space is for the County Clerk's Filing Stamp
CITY OF VERNON
Proof of Publication of
City of Vernon City Council Meeting
November 5. 2013
Ordinance No. 1215 Summary
gnature