Ordinance No. 1222ORDINANCE NO. 1222
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING ARTICLE XIX, SECTIONS 2.145, 2.146,
2.147, 2.147.1, 2.148 AND 2.149 OF CHAPTER 2 OF THE
VERNON MUNICIPAL 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
WHERERAS, by memorandum dated May 20, 2014, the Director of
Health & Environmental Control has recommended the City Council adopt
an ordinance to rename the "Sustainable Development and Energy
Efficiency Commission" the "Green Vernon Commission" and to amend
various provisions of the Vernon City Code regarding the Commission;
and
WHEREAS, the City Council desires to rename the "Sustainable
Development and Energy Efficiency Commission" the "Green Vernon
Commission" and to amend sections 2.145, 2.146, 2.147, 2.147.1, 2.148,
and 2.149 of the Vernon Municipal Code.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: Findings. The City Council of the City of
Vernon hereby finds and determines that all of the foregoing recitals
are true and correct.
SECTION 2: CEQA. The City Council of the City of Vernon
finds that this action is exempt under the California Environmental
Quality Act (CEQA), in accordance with Section 15061(b)(3), the general
rule that CEQA only applies to projects that may have an effect on the
environment because amending administrative procedures will not have
any effect on the environment.
SECTION 3: Title of Chapter 2. The Title of Article XIX of
Chapter 2 of the Vernon Municipal Code is hereby amended to read as
follows: "Green Vernon Commission"
SECTION 4: Municipal Code Section 2.145. Section 2.145 of
the Vernon Municipal Code is hereby amended to read as follows:
"The City Council hereby establishes the Green Vernon
Commission. For the purposes of this article, the Green Vernon
Commission shall be referred to as the Commission."
SECTION 5: Municipal Code Section 2.146. Section 2.146 of
the Vernon Municipal Code is hereby amended to read as follows:
(a) The Commission shall comprise seven (7) members to be
selected by the Mayor and ratified by the City Council. The seven (7)
members of the Commission shall include:
(1) Three (3) representatives from Vernon's business
community; '
(2) Two (2) labor representatives; and
(3) Two (2) environmental representatives, one (1) of
whom shall be from the environmental -justice community.
(b) No member of the Commission shall have, at any time
within the five (5) years preceding appointment: (i) been an employee
or a consultant of the City; 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 is a party.
(c) No member of the Commission may at any time be a
member of the City Council.
SECTION 6: Municipal Code Section 2.147. Section 2.147 of
the Vernon Municipal Code is hereby amended to read as follows:
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(a) Commission members shall serve for a term of four
(4) years and may be reappointed. Terms of office for each seat shall
begin at 12:00 a.m. July 1, and end at 11:59 p.m. on the June 30 four
years thereafter. No person shall serve more than two (2) consecutive
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
2.146, 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 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,
without a valid excuse as determined by the Commission, either
(i) four (4) or more consecutive meetings; or (ii) two (2) or more
consecutive regular meetings.
SECTION 7: Municipal Code Section 2.147.1. Section 2.147.1
of the Vernon Municipal Code is hereby amended to read as follows:
A Commission member may be removed by a majority vote of the
City Council at a properly noticed regular meeting of the City Council
for any reason or no reason.
SECTION 8: Municipal Code Section 2.148. Section 2.148 of
the Vernon Municipal Code is hereby amended to read as follows:
(a) The Commission shall have a Chairperson and Vice
Chairperson, who shall be from different appointing categories
pursuant to section 2.146(a).
(b) The Commission members shall elect the Chairperson
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and Vice Chairperson annually. No Commission member may serve as
Chairperson for more than two (2) 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, 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, or his or 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, or his or 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, or his or her qualified designee,
shall hold the position of Commission Director.
SECTION 9: Municipal Code Section 2.149. Section 2.149 of
the Vernon Municipal Code is hereby amended to read as follows:
Within the limitations provided by law, the Commission shall
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have the following powers and duties:
(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.
(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 each year
before the start of the fiscal year. The work plan shall outline the
goals and focus of the Commission for the upcoming fiscal year. The
Commission's annual budget shall be managed by the City Treasurer.
(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 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:
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(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 more sustainable;
(3) Policies and plans to enhance the sustainability
of the City 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 10. Uncodified. Effect on Incumbents.
A. Notwithstanding the exact start date of the term of
office of any particular individual serving on the Commission as of the
effective date of this ordinance, for purposes of Municipal Code
section 2.147, each Commissioner serving on the Commission as of.the
effective date of this ordinance, is considered to have taken office on
July 1 of the calendar year in which his or her term of office began.
Thus, for example, if an individual is on the Commission on the date
this ordinance took effect, and that Commissioner's term of office
began on March 1, 2014, then for purposes of calculating the term of
office applicable to that Commissioner's seat (and any person filling
the unexpired term for that seat), the term for that seat started on
July 1, 2014, and would end on July 30, 2018.
B. Notwithstanding the exact date a person was elected
chairperson of the Commission, if the person was the chairperson on the
effective date of this ordinance, for purposes of calculating the two
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year maximum as Chairperson of the Commission set forth in Municipal
Code section 2.148(b), the chairperson's term of office considered to
have begun on July 1 of the calendar year in which he or she became the
chairperson. If, for example, an individual was elected as chairperson
on March 26, 2014, and was serving as chairperson on the effective date
of this ordinance, then his or her first year as chairperson would be
considered to have begun on July 1, 2014, and his or her term as
Chairperson would expire on June 30, 2015, unless his or her service as
Chairperson otherwise prematurely terminates.
SECTION 11: Any ordinance or parts of ordinances in conflict
with this Ordinance are hereby repealed.
SECTION 12: 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 13: Book of Ordinances. The City Clerk, or Deputy
City Clerk, shall attest and certify to the adoption of this Ordinance
and shall cause this Ordinance and the City Clerk's, or Deputy City
Clerk's, certification to be entered in the Book of Ordinances of the
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Council of this City. The City Clerk, or Deputy City Clerk, shall
cause this ordinance to be published or posted as required by law.
SECTION 14: 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 3rd day ofJune2014.
Name: W. Michael McCormick
ATTEST:
r
An is
.gip �-/ Deputy City Clerk
APPROVED AS TO FORM:
Title: Mayor /
t E. Porter, Deputy City Attorney
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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. 1222, 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, May 20, 2014, and thereafter adopted at a
meeting of said City Council held on Tuesday, June 3,2014, by the
following vote:
AYES: Councilmembers: Mayor McCormick, Mayor
Pro-Tem Davis, Maisano,
Martinez, 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 day of June, 2014, at Vernon,
California.
Ana B
Deputy City Clerk
(SEAL)
S10
TRANSMITTAL COMMUNICATION
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: June 9, 2014
TO: Kristen Enomoto, Deputy City Administrator
Leonard Grossberg, Director of Health & Environmental Control
Alex Kung, Economic Development Manager
Mark Whitworth, City Administrator
FROM: Deborah Juarez, Records Management Assistant��
RE: Ordinance No. 1222 — An Ordinance of the City Council of the City of Vernon Amending
Article XIX, Sections 2.145, 2.146, 2.147, 2.147.1, 2.148 and 2.149 of Chapter 2 of the
Vernon Municipal Code Relating to the Sustainable Development and Energy Efficiency
Commission
Transmitted herewith is a copy of Ordinance No. 1222 referenced above, which was approved by City
Council on June 3, 2014.
Thank you.
Attachment
c: Ana Barcia
City Council
SDEEC Commissioners
Ordinance No. 1222
STAFF REPORT
CCU sp�r��.s/ao�j/ry /�f✓1��ir�
RECEIVE®
MAY 152014
CITY CLERK'S OFFICE
STAFF REPORT
HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
DATE: May 20, 2014
TO: Honorable Mayor and City Council
FROM: Leonard Grossberg, Director/ Health OfficerRk aen",rlA,�Vllv
RE: Ordinance to Amend Title and Regulations Applicable to the
Sustainable Development and Energy Efficiency Commission
It is recommended that:
1. The City Council find the proposed ordinance is a purely administrative function
that is not a project within the meaning of the California Environmental Quality
Act (CEQA). Further, even if it were subject to CEQA, it would be exempt
pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA
only applies to projects that may have an effect on the environment.
2. The City Council hold the first reading of, and subsequently adopt, the proposed
ordinance to amend Article XIX, sections 2.145, 2.146, 2.147, 2.147.1, 2.148 and
2.149 of the Vernon Municipal Code, to, among other things, rename the
"Sustainable Development and Energy Efficiency Commission" the "Green
Vernon Commission" and to revise the terms of office of the Commission
members.
Background:
On November 1, 2011, the City Council approved Ordinance 1188 to
Chapter 2 of the Vernon Municipal Code to establish the Sustainable
Energy Efficiency Commission. On June 19, 2012, the City Counci
Ordinance 1188.
add Article XVI to
Development and
slightly amended
After having worked with the ordinance for nearly three years, staff has identified
additional recommended revisions. Staff proposes an ordinance that would do the
following:
• Change the name of the "Sustainable Development and Energy Efficiency
Commission" to the "Green Vernon Commission." This would make it easier to
identify the Commission and its goals. It also gives prominence to the City,
becomes a counter -weight to other high profile concerns about Vernon, and the
new name will not be reduced to an abbreviation or acronym that people cannot
comprehend. (§ 2.145)
• Removes the requirement that at least one of the three representatives from
Vernon's business community be the president of the Vernon Chamber of
Commerce or his or her designee. (§ 2.146)
• Removes the requirement that City staff make recommendations to the City
Council on which individuals should serve on the Commission. (§ 2.146)
• Clarify the code by establishing June 30 as the date that terms of office end, and
July 1 as the date that terms of office begin. (§ 2.147(a))
• Amends term limits. Currently, commissioners may not serve more than 2 full
four-year terms. As revised, they could be reappointed if they were off the
commission for a period of time. (§ 2.147(a).
• Add a provision that Commission members automatically lose their seats if they
miss two or more consecutive regular meetings without a valid excuse. The
ordinance would retain the existing rule that their seats are vacated if they miss
four or more consecutive meetings (regular or special) without an excuse.
(§ 2.147(c))
• Authorize the City Council to remove Commission members for any reason or no
reason, as is the common municipal practice statewide. The ordinance would no
longer require cause to remove a Commission member. (§ 2.147.1)
• Make minor non -substantive revisions:
o Removes language relating to the creation of staggered terms.
(§ 2.147(a))
o Correct a cross-reference. (§ 2.148)
o Revise timing of submission of work plan to coincide with the new start
dates of terms of office. (§ 2.149)
Lg
9cLG: K/Leonard/HD/Staff Reports/SDEEC changes 2014.doc
CITY OF VERNON CITY COUNCIL MEETING
MAY 20, 2014
ORDINANCE NO. 1222 SUMMARY
(Amending Article XIX, Sections 2.145, 2.146, 2.147, 2.147.1, 2.148 and 2.149 of
Chapter 2 of the Vernon Municipal Code relating to the Sustainable Development and
Energy Efficiency Commission)
A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NO. 1222
IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305
SANTA FE AVENUE; VERNON, CALIFORNIA.
Ordinance No. 1222 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on May 20, 2014. Ordinance No. 1222 is scheduled to be considered
for adoption by said Council at a regular meeting to be held on June 3, 2014.
The proposed Ordinance No. 1222 would amend Article XIX, Sections 2.145, 2.146,
2.147, 2.147.1, 2.148 and 2.149 of Chapter 2 of the Vernon Municipal Code relating to
the Sustainable Development and Energy Efficiency Commission.
Ana Barcia, Deputy City Clerk of the City of Vernon, does hereby certify that Ordinance
No. 1222 was duly introduced to the City Council of the City of Vernon at a regular
meeting held on May 20, 2014, and said Ordinance is scheduled to be considered for
adoption at a regular meeting of the City Council to be held on June.3, 2014.
Dated:(2
Ana Bar ' , eputy Cit
This space is for the County Clerk's Filing Stamp
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 newspaperof 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:
MAY 29,
all in the year 2014.
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 29fhday of MAY, 2014.
ffyeiinc
le
Signature
CITY OF VERNON
Proof of Publication of
City of Vernon City Counci Meeting
May 20, 2014
Ordinance No. 1222 Summary
CITY OF VERNON CITY COUNCIL MEETING
JUNE 3, 2014
ORDINANCE NO. 1222 SUMMARY
(Amending Article XIX, Sections 2.145, 2.146, 2.147, 2.147.1, 2.148 and 2.149 of
Chapter 2 of the Vernon Municipal Code relating to the Sustainable Development and
Energy Efficiency Commission)
A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1222
IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA.
On June 3, 2014, the City Council of the City of Vernon approved and adopted
Ordinance No. 1222 amending Article XIX, Sections 2.145, 2.146, 2.147, 2.147.1, 2.148
and 2.149 of Chapter 2 of the Vernon Municipal Code relating to the Sustainable
Development and Energy Efficiency Commission.
I, Ana Barcia, Deputy City Clerk of the City of Vernon, do hereby certify that Ordinance
No. 1222 was duly approved and adopted by the City Council of the City of Vernon at a
regular meeting held on June 3, 2014, and passed by said Council by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Dated: 6
McCormick, Davis, Maisano,
Martinez, and Ybarra
None
None
Ana Baa�,epu�iCi�WCle'r-k
This space is for the County Clerk's Filing Stamp
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 newspaperof 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 05,
all in the year 2014.
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 05%day of JUNE, 2014.
WWWCka1�7-,
Signature
CITY OF VERNON
Proof of Publication of
City of Vernon City Council Meeting
June 4. 2014
Ordinance No. 1222 Summary