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Resolution No. 2011-148RESOLUTION NO. 2011-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON CALLING A SPECIAL MAILED BALLOT ELECTION TO BE HELD ON NOVEMBER 22, 2011 AND SUBMITTING TO THE VOTERS OF THE CITY CERTAIN GOVERNANCE REFORM MEASURES REQUIRING AMENDMENTS TO THE CITY CHARTER WHEREAS, the City of Vernon has endeavored to adopt and implement a number of reforms and initiatives to enhance the accountability and transparency of its government, in order to better provide for the welfare of its residents,, businesses, and employees; and WHEREAS, the City of Vernon has already placed several charter amendments on the November 8, 2011 ballot to impose council member term limits, enact a municipal prevailing wage policy, change the procedure to remove a City Administrator, and repeal the provision requiring at -will employment for City employees; and WHEREAS, the City Council has determined that the effective implementation of its reform efforts will be furthered by certain additional amendments to Vernon's Charter.; and WHEREAS, the City Council has determined that Vernon's Charter should be amended to require-themaintenance of a Housing Commission to oversee the day-to-day management, leasing, and maintenance of City -owned housing stock, as this will further support the purpose of the Housing Commission as established by Ordinance No. 1183; and WHEREAS, the City Council has determined that Vernon's Charter should be amended to ensure that the City maintain an Independent Reform Monitor for four years, with the power to conduct audits of all City operations and budgets as well as review any proposed service contract that is substantial in nature, and the duty to report annually to the Legislature on the progress of the City's reform efforts and make recommendations on any additional reforms that may be necessary, in order to promote the continued progress of the City in adopting governance reform measures and best practice initiatives; and WHEREAS, the City Council has determined that Vernon's Charter should be amended to require an election to fill vacant seats on the City Council and prohibit the appointment of council members by the City Council, as this will promote accountability, transparency, and public participation in City government; and WHEREAS, the City Council has determined that Vernon's Charter should be amended to prohibit council members from increasing their compensation in the future in excess of cost -of -living adjustments, as this will supplement salary limitations recently imposed through Resolution Nos. 2011-87 and 2011-93; and WHEREAS, the City Council has determined that Vernon's Charter should be amended to remove the prohibitions on the use of revenues from the City's Light and Power enterprise deposited into the City's Light and Power Fund, as this restriction limits the City's ability to fund public programs and initiatives, and address funding needs, as they may arise; and WHEREAS, the City Council has determined thatVernon's Charter should be amended to require the establishment of a process allowing for open and competitive bidding.on City service contracts through a City Council ordinance. - 2 - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: ELECTION. Pursuant to its right, power, and authority under the laws of the State of California and the Vernon City Charter, the City Council hereby calls and gives notice of a special municipal election to be held in the City by mailed ballot on Tuesday, November 22, 2011, on the ballot measures described in section 2 of this resolution in accordance with all applicable state and local law. SECTION 2: BALLOT MEASURES. The City Council does hereby order submitted to the voters at such election the following measures: (a) A measure to amend Chapter 7.5 of Vernon's Charter to require that the City maintain a Housing Commission. Measure Shall the Vernon City Charter YES be amended to require that the City maintain a Housing Commission? NO The text of the above -referenced amendment to be submitted to the voters is attached hereto as Exhibit A and incorporated herein by reference. - 3 - (b) A measure to amend Article IX of Vernon's Charter to ensure that an Independent Reform Monitor is retained for four years. Measure Shall the Vernon City Charters YES _ be amended to ensure that an Independent Reform Monitor is retained for four years? NO The text of the above -referenced amendment to be submitted to the voters is attached hereto as Exhibit B and incorporated herein by reference. (c) A measure to amend Chapter 3.7 of Vernon's Charter to require an election to fill vacant seats on the City Council and prohibit the appointment of council members by the City Council. Measure Shall the Vernon City Charter YES be amended to require a special election to fill vacancies on the City Council and prohibit the appointment NO _ of council members by the City Council? The text of the above -referenced amendment to be submitted to the voters is attached hereto as Exhibit C and incorporated herein by reference. - 4 - (d) A measure to amend Chapter 3.11 of Vernon's Charter to prohibit council members from increasing their compensation in excess of cost -of -living adjustments. Measure Shall the Vernon City Charter YES _ be amended to prohibit council members from increasing their compensation NO in excess of cost -of -living adjustments? The text of the above -referenced amendment to be submitted to the voters is attached hereto as Exhibit D and incorporated herein by reference. (e) A measure to amend Chapter 8.12 of Vernon's Charter to remove restrictions on the use of revenues from the City's Light and Power enterprise deposited into the City's Light and Power Fund. Measure Shall the Vernon City Charter YES _ be amended to remove restrictions on the use of revenues from the City's Light and Power enterprise NO _ deposited into the City's Light and Power Fund? - 5 - The text of the above -referenced amendment to be submitted to the voters is attached hereto as Exhibit E and incorporated herein by reference. (f) A measure to amend Chapter 8.10 of Vernon's Charter to require the establishment of a process allowing for open and competitive bidding on City service contracts by City Council ordinance. Measure Shall the Vernon City Charter YES be amended to require the establishment of a process allowing for open and competitive bidding on City NO _ service contracts by City Council ordinance? The text of the above -referenced amendment to be submitted to the voters is attached hereto as Exhibit F and incorporated herein by reference. SECTION 3: DROP OFF CENTER. The City Council hereby establishes the following drop off center as an alternative to the return of the ballot by mail: Office of the City Clerk of the City of Vernon, 4305 Santa Fe Avenue, Vernon, California 90058. The City Clerk's Office shall be available for voters to drop off voted ballots through November 21, 2011 on Monday through Thursday from 7:30 a.m. to 5:30 p.m. and on November 22, 2011 from 7:30 a.m. to 8:OO p.m. - 6 - SECTION 4: NOTICE. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election in time, form, and manner as required by law. SECTION 5: IMPARTIAL ANALYSIS. The City Council hereby directs the City Clerk to transmit a copy of the measures to the City Attorney. The City Attorney shall prepare an impartial analysis for the measures pursuant to California Elections Code Section 9280. SECTION 6: FURNISHING OF ALL NECESSARY SUPPLIES. The City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary to properly and lawfully conduct the election. SECTION 7: ELECTION PARTICULARS. In all particulars not recited in this Resolution or other resolutions, the election shall be held and conducted as provided by law for holding municipal elections. The ballots to be used in the election shall be in the form and content required by law. - 7 - SECTION 8: 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 resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. ATTE T: Will r APPROVED AND ADOPTED this 25th day of August, 2011. Clerk Name: Hilario Gonzales Title: Mayor r Pro em - 8 - 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. 2011-148, 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 e,,-I day of August, 2011, at Vernon, California. (SEAL) - 9 - EXHIBIT A EXHIBIT A BALLOT MEASURE AMENDING THE CHARTER OF THE CITY OF VERNON The People of the City'of Vernon do hereby amend the Charter of the City of Vernon as follows: 1. Chapter 7.5 of Article VII of the Charter of the City of Vernon is amended in its entirety to read as follows: "CH: 7.5 Boards and commissions. The city council may, by ordinance, establish such boards and commissions as the council deems to be necessary, and shall provide for the method of selection, tenure, duties and any compensation of the boards and commissions so established. There shall be established a Housing Commission, which shall oversee the day-to-day management, leasing and maintenance of city -owned housing stock." 2. The City Clerk is directed to certify to the passage of this Charter Amendment and to file it in the Office of the Secretary of State forthwith, and to take such other actions as are necessary to give effect to its passage. PASSED AND ADOPTED BY THE VOTER THIS DAY OF , Hilario Gonzales, Mayor ATTEST: Willard G. Yamaguchi, City Clerk ".131 EXHIBIT B EXHIBIT B BALLOT MEASURE AMENDING THE CHARTER OF THE CITY OF VERNON The People of the City of Vernon do hereby amend the Charter of the City of Vernon as follows: 1. Chapter 9.7 of Article IX of the Charter of the City of Vernon will be added to read as follows: "CH: 9.7 Independent reform monitor. For a period of four years from the adoption of this provision, there shall be a contract with an independent reform monitor who shall review the city's policies and procedures and recommend city governance reform measures and initiatives in the best interest of the city. The independent reform monitor shall execute these duties independently of the city council and any city officer. The independent reform monitor shall have the power to conduct audits of all city operations and budgets as well as review any proposed service contract that is substantial in nature. The independent reform monitor shall report back annually to the state legislature on the progress of the ci.ty's reform efforts and shall make recommendations on any additional reforms that may be necessary." 2. The City Clerk is directed to certify to the passage of this Charter Amendment and to file it in the Office of the Secretary of State forthwith, and to take such other actions as are necessary to give effect to its passage. PASSED AND ADOPTED BY THE VOTER THIS DAY OF , Hilario Gonzales, Mayor ATTEST: Willard G. Yamaguchi, City Clerk I EXHIBIT C EXHIBIT C BALLOT MEASURE AMENDING THE CHARTER OF THE CITY OF VERNON The People of the City of Vernon do hereby amend the Charter of the City of Vernon as follows: 1. Chapter 3.7 of Article III of the Charter of the City of Vernon is amended in its entirety to read as follows: "CH: 3.7 Vacancy. Any v _aneyeeeuaFr'ing in the-e-_LZy e'eianeil er whatever reason Faay be filled by appF�,e��t�e a�e'e:unei l if a-l-,e—•cr�ty eeidneilfa is te� fill +-L, days,vaeaney within thirty then the eity ceurei.r sra.lz2—imffiediately e l l a speeial elleetien ce fill the vaeaney. . The city council shall not have the power to appoint a council member under any circumstances. If any vacancy occurs in the city council for whatever reason, the city council shall call a special election to fill the vacancy. Any person appented er elected to fill a vacancy on the city council shall hold office for the remainder of the term in the absence of death, removal from office or disqualification. If an election occurs at which one or more full terms and one or more unexpired terms are to be filled, no distinction between the full terms and the unexpired terms shall be made in nominating or voting. The person or persons elected by the highest number of votes shall be elected for the full term or terms and the person or persons elected with the fewest votes shall be elected for the unexpired term or terms." C-1 2. The City Clerk is directed to certify to the passage of this Charter Amendment and to file it in the Office of the Secretary of State forthwith, and to take such other actions as are necessary to give effect to its passage. PASSED AND ADOPTED BY THE VOTER THIS DAY OF , Hilario Gonzales, Mayor ATTEST: Willard G. Yamaguchi, City Clerk C-2 EXHIBIT D BALLOT MEASURE AMENDING THE CHARTER OF THE CITY OF VERNON The People of the City of Vernon do hereby amend the Charter of the City of Vernon as follows: 1. Chapter 3.11 of Article III of the Charter of the City of Vernon is amended in its entirety to read as follows: "CH: 3.11 Compensation. The council may determine the base compensation of councilmembers by resolution adopted by a majority vote of the members of the council. Any change in the base compensation of councilmembers shall be effective on the first day of the following fiscal year or such other date as may be specified in the resolution. The council shall not increase the base compensation of councilmembers in excess of cost -of -living adjustments. In addition to such base compensation, individual councilmembers may be compensated for serving on city boards, commissions, committees or other city governmental bodies. Such additional compensation shall be set by resolution adopted by a majority vote of the members of the council. Any change in additional compensation of councilmembers shall be effective on the first day of the following fiscal year or such other date as may be specified in the resolution. The council shall not increase such additional compensation of councilmembers in excess of cost -of -living adjustments. Councilmembers shall also receive compensation for actual or anticipated expenses -that maybe incurred in the performance of their duties of office." D-1 2. The City Clerk is directed to certify to the passage of this Charter Amendment and to file it in the Office of the Secretary of State forthwith, and to take such other actions as are necessary to give effect to its passage. PASSED AND ADOPTED BY THE VOTER THIS DAY OF , Hilario Gonzales, Mayor ATTEST: Willard G. Yamaguchi, City Clerk D-2 EXHIBIT E EXHIBIT E BALLOT MEASURE AMENDING THE CHARTER OF THE CITY OF VERNON The People of the City of Vernon do hereby amend the Charter of the City of Vernon as follows: 1.. Chapter 8.12 of Article VIII of the Charter of the City of Vernon will be deleted in its entirety: "EIS., 8.12 Light and pewer revenues. 2. The City Clerk is directed to certify to the passage of this Charter Amendment and to file it in the Office of the Secretary of State forthwith, and to take such other actions as are necessary to give effect to its passage. PASSED AND ADOPTED BY THE VOTER THIS DAY OF , Hilario Gonzales, Mayor ATTEST: Willard G. Yamaguchi, City Clerk E-1 EXHIBIT F EXHIBIT F BALLOT MEASURE AMENDING THE CHARTER OF THE CITY OF VERNON The People of the City of Vernon do hereby amend the Charter of the City of Vernon as follows: 1. Chapter 8.10 of Article VIII of the Charter of the City of Vernon is amended in its entirety to read as follows:, °CH: 8.10 Contracts. The city council shall have the power, by majority vote, to enter into any contract on behalf of the city. All contracts must be in writing, signed by the mayor or other officer authorized by resolution, and attested by the city clerk. There shall be no bidding requirements for any contract unless the city council otherwise provides by ordinance, with the exception that an open and competitive bidding process shall be established for service contracts. The city council shall establish by ordinance the specific provisions for such open and competitive bidding process." 2. The City Clerk is directed to certify to the passage of this Charter Amendment and to file it in the Office of the Secretary of State forthwith, and to take such other actions as are necessary to give effect to its passage. PASSED AND ADOPTED BY THE VOTER THIS DAY OF , Hilario Gonzales, Mayor ATTEST: Willard G. Yamaguchi, City Clerk F-1 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: August 29, 2011 TO: Michael Montgomery, Interim City Attorney Mark Whitworth, City Administrator FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2011-148 A Resolution of the City Council of the City of Vernon Calling a Special Mailed Ballot Election to Be Held on November 22, 2011 and Submitting to the Voters of the City Certain Governance Reform Measures Requiring Amendments to the City Charter Transmitted herewith is a copy of Resolution No. 2011-148 referenced above, which was approved by City Council on August 25, 2011 Thank you. WY: dj Attachment c: Ana Barcia Resolution No. 2011-148 DATE: August 24, 2011 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrator RE: Resolution to Implement Certain Reforms and nitiatives by Charter Amendments 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, in order to better provide for the welfare of Vernon's residents, businesses, and employees The attached proposed resolution affirms the City's continued commitment to these efforts by calling a special election for November 22, 2011 to submit to a vote of the City several amendments to the City Charter. This election would be in addition to the election already scheduled for November 8, 2011 in which the electorate will consider whether to amend the Charter to impose council member term limits, enact a municipal prevailing wage policy, change the procedure to remove a City Administrator, and repeal the provisionrequiring at -will employment for City employees. The attached resolution proposes the following Charter amendments: 1. An amendment to Chapter 7.5 that would require the City to maintain a Housing Commission to oversee the day-to-day management, leasing, and maintenance of City -owned housing stock; 2. An amendment to Article IX that would maintain for an additional four years a contract with an Independent Reform Monitor to continue to provide recommendations with regard to City governance reform measures and initiatives, review City performance in implementing the reforms, and report the City's progress to the Legislature; 3. An amendment to Chapter 3.7 that would require that every City Council vacancy be filled by election, and prohibit the appointment of members by the City Council; 4. An amendment to Chapter 3.11 that would prohibit council members from increasing their compensation in the future in excess of cost -of -living adjustments; 5. An amendment to Chapter 8.12 that would remove restrictions on the use of revenues from the City's Light and Power enterprise deposited into the Light and Power Fund; and 6. An amendment to Chapter 8.10 that would require the establishment of a process allowing for open and competitive bidding on City service contracts. Analysis 1. Housing Commission On June 7, 2011, the Vernon City Council enacted Ordinance No. 1183 to establish a Housing Commission to oversee the day-to-day management, leasing, and maintenance of City -owned housing stock. The members of the Vernon Housing Commission were appointed at a City Council meeting held on August 2, 2011. The proposed Charter amendment would guarantee the continued maintenance of the Housing Commission, and support the purpose of the Housing Commission as established by Ordinance No. 1183. 2. Independent Reform Monitor The City of Vernon engaged an Independent Ethics Advisor, John Van de Kamp, on February 15, 2011 to make an assessment of Vernon's governance procedures, prepare a report of his assessment, and make recommendations to the City Council regarding proposed changes in policies and procedures necessary to ensure effective and ongoing ethical governance. On July 31, 2011, the Independent Ethics Advisor, in consultation with Robert M. Stern, issued his report, which acknowledged the City's ongoing reform efforts, but also called for adoption of additional reforms. The proposed Charter amendment would ensure that the City maintains a contract with an Independent Ethics Advisor to be the City's Independent Reform Monitor for an additional four years, and promote the continued progress of the City in adopting governance reform measures and best practice initiatives. The Independent Reform Monitor would have the power to conduct audits of all City operations and budgets as well as review any proposed service contract that is substantial in nature. The Independent Reform Monitor would be required to report back annually to the Legislature on the progress of the City's reform efforts and make recommendations on any additional reforms that may be necessary. 3. Council Member Vacancies Chapter 3.7 of the Vernon Charter and Article XII, Section 2.90 of the Vernon Code allow the City Council to fill council member vacancies by appointment under certain circumstances. The proposed Charter amendment would prohibit the appointment of council members by the City Council and instead require that each council member be elected through an election. This measure would promote accountability, transparency, and public participation in Vernon's local government. If the Charter amendment measure is approved, Vernon City Code Article XII, Section 2.90, enacted by Ordinance Nos. 1019 and 1035, would be subsequently repealed by an ordinance amendment. 2 4. Council Member Salary Increases The City has recently adopted two measures adjusting council member salaries. Resolution No. 2011-87 decreased the monthly salary and benefits of council member positions to levels found in comparable jurisdictions effective upon the completion of the council members' current terms. With Resolution 2011-93, the current council members further agreed to voluntarily relinquish 18 percent of their salary for the duration of each member's term of office, effective immediately. The proposed amendment to Chapter 3.11 would prohibit council members from increasing their compensation in the future in excess of cost -of -living adjustments. These changes would supplement the recent salary and benefit limitations imposed by Resolution Nos. 2011-87 and 2011- 93. 5. Light and Power Fund The City Council previously submitted a Charter amendment to the voters in 2010, adding Chapter 8.12 to the Vernon City Charter. Chapter 8.12 provides that funds deposited in the City's Light and Power Fund may be used only to support the Light and Power enterprise. A review of the circumstances since the adoption of Chapter 8.12 indicates that this provision is no longer necessary or desirable as it restricts the City's ability to fund public programs and initiatives, and address funding needs, as they may arise. The proposed amendment would repeal Chapter 8.12 of the Vernon Charter and allow transfers between the Light and Power Fund and the General Fund. 6. Bidding Process on City Service Contracts The City currently has established policies related to the competitive bidding of certain City contracts. To ensure that the City's policy with respect to competitive bidding for service contracts is transparent, a process for open and competitive bidding for such contracts should be developed. The proposed amendment would amend Chapter 8.10 of the City Charter to require the establishment of a process allowing for open and competitive bidding on City service contracts. The City Council shall establish by ordinance the specific provisions for such open and competitive bidding process. Recommendation Adopt the attached resolution to call a special election on November 22, 2011 to propose to the City electorate certain reforms and initiatives through amendments to the City Charter. 3