Resolution No. 2011-147RESOLUTION NO. 2011-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNONORDERING THE ADOPTION AND IMPLEMENTATION OF
GOVERNANCE REFORM MEASURES RECOMMENDED BY SENATOR
KEVIN DE LEON
WHEREAS, over the last several years, the City of Vernon has
adopted a number of reforms and initiatives to promote transparency and
accountability in local governance; and
WHEREAS, on August 22, 2011, the City received a letter from
Senator Kevin De Leon requesting that the City adopt a package of
additional governance reforms to bring the City in conformance with
best municipal practices; and
WHEREAS, the City Council appreciates Senator De Leon's
leadership on these issues and shares his belief that adoption of his
recommended reform measures would be in line with, and support, other
significant measures the City has already implemented to better serve
its residents, businesses, and over 55,000 employees; and
WHEREAS, the Senator's recommendations include proposals to
increase accountability and transparency by proposing to the City's
electorate charter amendments to: (i) remove the at -will employment
provision; (ii) establish council member term limits; (iii) establish
salary and benefit limits for senior officials; (iv) prohibit council
member appointments to vacant council seats; (v) remove limitations on
the removal of the City Administrator and changes to the City
Administrator's compensation; (vi) remove the prohibition on transfers
from the Light and Power Fund; (vii) add a provision for prevailing
wages in City contracts; and (viii) establish an open and competitive
bidding process for City service contracts through the City's website;
and
WHEREAS, the Senator's recommendations include implementing
the reform measures identified by the report issued by the City's
Independent Ethics Advisor, John Van de Kamp, with assistance provided
by Robert M. Stern, as soon as feasible; and
WHEREAS, the Senator's recommendations include establishing
an independent Housing Commission in the City charter; conveying the
City's current housing stock to the Housing Commission; and securing
the construction of approximately 50 new independent housing units,
including low and very -low income units, within three years; and
WHEREAS, the Senator's recommendations include maintaining
the City's Independent Ethics Advisor for an additional four years as
the City's Independent Reform Monitor to ensure the adoption and
implementation of further necessary reforms, conduct audits of all City
operations and budgets, and review any proposed City service contract
of a substantial nature; and ensuring that the Independent Reform
Monitor reports annually to the Legislature on the progress of the
City's reform efforts and offer recommendations on additional reforms
that may be necessary; and
WHEREAS, the Senator's recommendations include proposals to
improve workers' rights, by providing for collective bargaining
neutrality for all City workers; continuing to allow for the collective
bargaining of the Fire and Police Departments; and establishing a
living wage program for City employees and contractors; and
WHEREAS, the Senator's recommendations include proposed good
neighbor reforms, including establishing an Environmental and Community
Benefit Fund ("ECBF") to be used to benefit adjacent communities;
creating an independent board including representatives from outside
affected communities to allocate the ECBF; immediately funding regional
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community recreational facilities in affected neighboring communities;
establishing a Sustainable Development and Energy Efficiency Commission
that includes representation from the environmental justice community;
and revising the existing trash hauling program with strong
environmental standards; and
WHEREAS, these reforms will support the City's continuing
effort to promote transparency and accountability in local governance,
and better provide for the welfare of Vernon's residents, businesses,
and employees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: SUPPORT FOR DE LEON REFORM PACKAGE.
The City Council hereby supports the immediate adoption and
implementation of each of Senator De Leon's considered recommendations —
working with legal counsel, the Independent Ethics Advisor, and City
staff —in a manner consistent with applicable law.
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SECTION 2: CERTIFICATION OF PASSAGE.
The City Clerk of the City of Vernon shall certify to the
passage, approval and adoption of this resolution, and the City Clerk
of the City of Vernon shall cause this res-olution and the City Clerk's
certification to be entered in the File of Resolutions of the Council
of this City.
APPROVED AND ADOPTED this 25th day of August, 2011.
Name: Hilario Gonzales
ATT
Willard U. 'Y''am/gfthi( Pity Clerk
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Title: Mayor /
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 Resolution, being Resolution
No. 2011-147, was duly passed, approved and adopted by the City Council
of the City of Vernon at a special meeting of the City Council duly
held on Thursday, August 25, 2011, and thereafter was duly signed by
the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this O day of August, 2011, at Vernon, California.
(SEAL)
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: August 29, 2011
TO: Rory Burnett, Finance Director/City Treasurer
Daniel Calleros, Interim Police Chief
Kristen Enomoto, Council Department Manager
Carlos Fandino, Director of Light & Power
Masami Higa, Assistant Finance Director
Alex Kung, Senior Accounting Manager
Joaquin Leon, Deputy City Treasurer
Lewis Pozzebon, Director of Health & Environmental Control
James Rodino, Police Captain
Martha Valenzuela, Director of Personnel/Business Services
Mark Whitworth, City Administrator/Fire Chief
Kevin Wilson, Director of Community Services& Water
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 2011-147 — A Resolution of the City Council of the City of Vernon
Ordering the Adoption and Implementation of Governance Reform Measures
Recommended by Senator Kevin De Leon
Transmitted herewith is a copy of Resolution No. 2011-147 referenced above, which was approved by
City Council on August 25, 2011.
Thank you.
WY:dj
Attachment
c: Resolution. No. 2011-147
DATE: August 24, 2011
TO: Honorable Mayor and City Council
FROM: Mark C. Whitworth, City Administrato
RE: Resolution to Adopt and Implement Senator Kevin De Leon's Critical Path Reforms
On August 22, 2011, the City Administrator received a letter from Senator Kevin De Leon requesting
that the City of Vernon implement additional governance reform measures to supplement the
measures the City has already taken to improve transparency and ensure a lasting system of legitimate
governance in the City.
As Senator De Leon notes, the key to improving the City's governance is not the unworkable
alternative governance structure proposed by AB46 and AB781, but the concerted effort of those
within the City. including its residents, businesses, and employees —to adopt and implement best
practices while discarding outdated models of governance.
To those ends, Senator De Leon's Critical Path Reforms include the following steps to secure a more
effective and responsive municipal government:
(1) Greater Accountability and Transparency: Propose to the City's electorate
charter amendments that would ensure greater accountability and transparency in
City governance, including:
a. removing the at -will employment provision;
b. establishing council member term limits;
c. establishing salary and benefit limits for senior officials;
d. prohibiting council appointments to vacant council seats;
e. removing limitations on the removal of the City Administrator and
changes to the City Administrator's compensation;
f, removing the prohibition on transfers from the Light and Power Fund;
g. adding a provision for prevailing wages in City contracts; and
h. establishing an open and competitive bidding process for City service
contracts through the City's website;
(2) Adopt the Van de Kamp Recommendations: Implement the reform measures
identified by the report issued by the City's Independent Ethics Advisor, John Van
de Kamp, with assistance provided by Robert M. Stern, as soon as feasible.
(3) Doubling the Electorate: Establish an independent Housing Commission in the
City Charter; convey the City's current housing stock to the Housing Commission;
and secure the construction of approximately 50 new independent housing units,
including a number of low and very -low income units, within three years;
(4) Independent Reform Monitor: Maintain the City's Independent Ethics Advisor
for an additional four years as the City's Independent Reform Monitor to ensure
the adoption and implementation of further necessary reforms, conduct audits of
all City operations and budgets, review any proposed City service contract of a
substantial nature, and report annually to the Legislature on the progress of the
City's reform efforts and offer recommendations on additional reforms that may
be necessary;
(5) Improve Workers' Rights: Provide for collective bargaining neutrality for all
City workers; continue to allow for the collective bargaining of the Fire and Police
Departments; and establish a living wage program for City employees and
contractors; and
(6) Good Neighbor Reforms: Establish an Environmental and Community Benefit
Fund ("ECBF') to be used to benefit adjacent communities; create an independent
board including representatives from outside affected communities to allocate the
ECBF; immediately fund regional community recreational facilities in affected
neighboring communities; establish a Sustainable Development and Energy
Efficiency Commission that includes representation from the environmental
justice community; and revise the existing trash hauling program with strong
environmental standards.
I appreciate Senator De Leon's leadership on these issues and share his belief that these core
issues must be addressed. The adoption of Senator De Leon's recommendations would be in
line with, and support, other significant measures the City has already implemented to better
serve its residents, businesses, and over 55,000 employees:
• Eliminating Overtime Pay for High -Ranking City Officials: Vernon
eliminated overtime pay for senior City officials.
• Reduce Expense Reimbursements for City Employees: Through new policies
and scrutiny of expense reports, the City has dramatically reduced the amount of
expenses it reimburses.
• Eliminating Compensation Redundancies: In the past, certain high-ranking
officers were compensated separately for each position. This practice has been
eliminated.
• Eliminating Contracts with Senior City Officials: The City terminated
employment agreements with senior city officials.
• Implementing Transparency Measures: The City created a public website to
provide City Council meeting agendas and minutes, the City Charter, and the
City's responses to Public Records Act requests from the media.
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• Encouraging Public Participation at City Council Meetings: The City
improved its system of making agendas and agenda packets available to the public
and business community well in advance of City Council meetings. The City also
rescheduled its City Council meetings in order to make them easier to attend.
• Reaching Out to the Business Leadership in Vernon: Recognizing the central
role of the business community in any industrial city, Vernon instituted weekly
meetings between the City Administrator and the Chamber of Commerce to
encourage dialogue between the City and business leaders.
• Reductions in City Council Salaries/Benefits: Vernon implemented an 18
percent reduction of the salaries of its City council members effective July 31,
2011 and will reduce each council member's salary to $25,000 at the
commencement of each new term. Vernon also eliminated certain health council
member benefits.
• Competitive and Responsible Salaries for City Department Heads: Vernon
made conscientious and targeted adjustments to the compensation of its
department heads. In most cases, salaries paid to Vernon's department heads were
similar to those offered in other jurisdictions, but where adjustments were needed,
the made significant reductions —decreasing some salaries by almost 40 percent.
• Creation of an Independent Housing Commission: To ensure that City -owned
housing is managed in a transparent and responsible manner, the City created an
independent Housing Commission to administer day-to-day operations of City -
owned housing.
• Renewed Focus on Responsible Housing Policies: Vernon, through the
Housing Commission, is establishing a City housing policy for the rental of City -
owned housing, which provides for the rental of housing on a first -come, first -
served, non-discriminatory basis, subject to priority designations.
• Forward -Looking and Proactive Compliance Policies: Vernon has retained
outside counsel to provide annual Political Reform Act, Public Records Act, and
Brown Act training for City officials and review the City's policies relating to
those statutes.
• Established an Electric Rate Committee: The City established the Electric Rate
Committee, which has reviewed and recommended electric rate pricing changes
and the City Council has implemented the first series of rates to reflect current
operating costs and emissions regulations.
• Established a Business Development Committee: The City is establishing an
Economic Development Commission, which will include representatives from
business and labor and is tasked with exploring ways to improve the business
climate of the City.
• Collective Bargaining Agreements with Police and Fire Departments: The
City has completed negotiating collective bargaining agreements with the
firefighter and police unions.
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• Independent Ethics Advisor: In February 2011, the City engaged former
California Attorney General John Van de Kamp to serve as an Independent Ethics
Advisor.
Implementing Senator De Leon's Critical Path Reforms, in conjunction with the measures that already
have been implemented, would pave the way for Vernon to transition into a model city in the
Southern California region, which could serve as a positive example to other charter cities for decades
to come.
Recommendation
The City Administrator recommends that the City Council adopt the attached proposed resolution
establishing the support of the City Council for the immediate adoption and implementation of each of
Senator De Leon's considered recommendations —working with legal counsel, the Independent Ethics
Advisor, and City staff —in a manner consistent with applicable law. The City Administrator has
separately prepared and submitted to the City Council the necessary resolutions to move forward in
the process to implement Senator De Leon's recommendations.
M