Resolution No. 2011-149RESOLUTION NO. 2011-149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AFFIRMING THE CITY'S COMMITMENT TO CONTINUED
ADOPTION AND IMPLEMENTATION OF REFORM MEASURES
WHEREAS,. the City of Vernon has endeavored to create 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 successfully adopted and
implemented several governance reforms and initiatives to date,
including'but not limited to eliminating overtime pay for high-ranking
City officials, reducing expense reimbursements for City employees,
eliminating compensation redundancies, reducing City Council salaries
and benefits, as well as measures designed to promote transparency and
encourage public participation; and
WHEREAS, the City of Vernon remains committed to implementing
these and many other initiatives and reform measures, including those
additional reform recommended by the Independent Ethics Advisor, and
also desires to extend, supplement, and improve upon these efforts now
and into the foreseeable future; and
WHEREAS, the City of Vernon recognizes the critical role of
its Independent Ethics Advisor in overseeing and recommending reform
measures, and the City desires to extend and reinforce this vital and
productive working relationship; and
WHEREAS, the City of Vernon desires to vest the City's,
independent Housing Commission with ownership of the City's
current housing stock; and
WHEREAS, the City of Vernon desires to enhance government
accountability by increasing the City's population through the
construction of approximately 50 non -City owned housing units, which
shall include units specifically designated for low and very -low income
housing; and
WHEREAS, the City of Vernon has fostered equitable employment
relationships by securing a collective bargaining agreement with its
Fire and Police Departments, and seeks to continue to provide for the
collective bargaining of the Fire and Police Departments; and
WHEREAS, the City of Vernon is committed to not taking any
position with regard to the rights of other City employees to
collectively bargain if they so choose; and
WHEREAS, the City Council desires to enact a City policy
providing for living wages for City employees and contractors; and
WHEREAS, the City Council desires to support a prevailing
wage for all public works projects, regardless of the outcome of the
vote on a prevailing -wage amendment to the City Charter; and
WHEREAS, the City of Vernon is committed to enhancing the
services provided to City residents as well as advancing sustainability
efforts throughout the community and adjacent areas, and the City
desires to further these goals through an Environmental and Community
Benefit Fund; and
WHEREAS, the City desires to ensure that its environmental
standards are properly implemented and enforced by a Sustainable
Development and Energy Efficiency Commission, and that the Commission
is sensitive to the environmental concerns of City .residents and
adjoining jurisdictions; and
WHEREAS, the City of Vernon desires to promote an efficient
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and effective trash hauling system that adheres to strong environmental
standards.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: INDEPENDENT ETHICS ADVISOR RECOMMENDATIONS.
The City of Vernon shall implement the Independent Ethics
Advisor's additional reform recommendations as soon as feasible. The
City administrator -is directed to make recommendations to the City
Council outlining the appropriate means of adopting and implementing
the additional reforms in accordance with applicable law.
SECTION 2: INDEPENDENT REFORM MONITOR.
(a) The City Administrator is hereby authorized to seek a new
4-year contract for an Independent Reform Monitor with the current
Independent Ethics Advisor, John Van de Kamp, who shall received
continued assistance from Robert M. Stern.
(b) Any new contract shall provide for the Independent Reform
Monitor to evaluate the City's continued compliance with previously and
subsequently -adopted reforms and recommend implementation of additional
necessary reform measures.
(c) Any new contract shall grant the Independent Reform
Monitor the power to conduct audits of all City operations and budgets
as well as review any proposed service contract that is substantial in
nature.
(d) Any new contract shall require the Independent Reform
Monitor 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.
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(e) The City Administrator, in conjunction with the City
Attorney, is hereby directed to also explore legal mechanisms that may
be available to authorize the Independent Reform Monitor to enforce
City -compliance with adopted reform measures.
(f) Within 60 days of the effective date of this Resolution,
the City Administrator is directed to negotiate the terms of a new
contract with the Independent Reform Monitor regarding the scope
outlined herein, and present said contract to the City Council for
approval.
SECTION 3: CONVEYANCE OF CITY HOUSING TO THE HOUSING COMMISSION.
The City Administrator is directed to begin the process of
vesting the City's current housing stock in the independent Housing
Commission in accordance with applicable law by preparing for City
Council consideration (i) an amendment to Ordinance No. 1183 to allow
the Housing Commission to hold title in housing properties, and (ii)
conveyance documents to transfer the City's fee interest in its housing
stock to the Housing Commission. The City Administrator shall also
work with the City Attorney to analyze any legal issues that may be
associated with the Housing Commission holding title to the housing.
SECTION 4: DEVELOPMENT OF NEW HOUSING UNITS.
(a) The City Administrator is directed to work with the
Director of Community Services to pursue .the goal of doubling the
City's population by developing a plan for review and implementation by
the Housing Commission that provides for (i) the construction of
approximately 50 new housing units within 3 years on land to be
provided by the City; (ii) the provision of gap funding by the City, as
needed, to attract private investment necessary for the development of
the new units; and (iii) the allocation of a portion of the units as
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low and very -low income units.
(b) Should the Housing Commission recommend to the City
Council the construction of additional housing units, and the Council
adopts said recommendation, the City Administrator shall work with the
City Treasurer and the Director of Community Services, as needed, to
develop recommendations regarding the provision of gap funding, the
availability of existing land or the securing of new land for the
units, the development of construction proposals, and the investigation
of other particulars, as well as the designation of a portion of the
new units for low and very -low income housing. It is expected that the
cost of this initiative will range from $12 to $15 million, not
including the cost of land.
(c) Any new housing units constructed under this Section
shall not be owned by the City of Vernon, and the City shall provide
gap funding to attract private investment in the construction of the
new housing units.
SECTION 5: FIRE AND POLICE DEPARTMENTS.
The City of Vernon shall continue to work in cooperation with
its Fire and Police Departments, in accordance with the collective
bargaining agreements reached with both departments.
SECTION 6: COLLECTIVE -BARGAINING NEUTRALITY POLICY
The City of Vernon shall adopt a policy of collective
bargaining neutrality with respect to all City workers. The City will
not take any position with regard to the rights of City workers to
unionize or collectively bargain.
SECTION 7: LIVING WAGE POLICY.
The City of Vernon hereby directs the City Administrator to
prepare an appropriate living wage policy for the City of Vernon, for
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the City Council's review and adoption into law.
SECTION 8: PREVAILING WAGE.
The City of Vernon hereby expresses its full support for
continued compliance with State -law requirements related to payment of
prevailing wages for public works projects, regardless of the outcome
of the vote on the Charter amendment.
SECTION 9: ENVIRONMENTAL & COMMUNITY BENEFIT FUND.
(a) The City of Vernon shall commit to establish an
Environmental and Community Benefit Fund (ECBF) to continue to enhance
the services provided to City residents as well as promote
sustainability and environmental justice efforts throughout the City
and its surrounding areas.
(b) The ECBF shall receive funding of $5 million annually for
10 years, with Consumer Price Index adjustments for each year after the
first year.
(c) Additional separate allocations of $5 million (with
consumer price index adjustments) to be used to assist programs at the
Hazard Park Amory Youth Center in Boyle Heights, and $5 million (with
consumer price index adjustments) to assist the renovation of Salt Lake
Park in Huntington Park. The City Administrator and City Treasurer
shall negotiate programs to be funded and present their recommendations
to the Council for consideration.
(d) The ECBF shall be managed by a 9-member committee, and
each member shall serve a 2-year term.
(e) The 9-member ECBF committee shall include: 1 Senate
Rules appointee (who may be a Senator, a delegate, or a public
representative); 1 Assembly Speaker appointee (who may be an Assembly
member, a delegate, or a public representative); l Governor appointee;
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1 Vernon appointee; 1 Huntington Park appointee; 1 Maywood appointee; 2
City of Los Angeles appointees (including a Boyle Heights and South Los
Angeles representative); and 1 County of Los Angeles appointee'
(representing unincorporated East Los Angeles).
(f) The City Administrator and City Treasurer are directed to
develop and present a joint recommendation to the City Council for an
allocation from the City's annual budget for the ECBF and the Hazard
Park Amory Youth Center and Salt Lake Park, and for structuring the
ECBF and facilitating its management by the 9-member ECBF committee,
based on a review of best practices for the establishment of such funds
and consultation with managers of existing funds, as may be necessary.
SECTION 10: SUSTAINABLE DEVELOPMENT AND ENERGY EFFICIENCY COMMISSION.
(a) The City of Vernon shall continue to improve the
environmental standards of the City through a Sustainable Development
and Energy Efficiency Commission (SDEEC), which was identified as a key
initiative in Resolution No. 2011-69.
(b) The SDEEC shall oversee major City projects to ensure
that they adhere to the City's environmental standards and
requirements, as well as make recommendations and promote best
practices for sustainable development and energy efficiency in the
City.
(c) The membership of the SDEEC shall include a
representative from the environmental justice community.
(d) The City Administrator is directed to prepare an
Ordinance establishing the SDEEC to present to the City Council for
consideration and passage.
SECTION 11: TRASH HAULING FRANCHISE PROGRAM.
The City's Health Officer / Director of Health and
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Environmental Control is directed to establish a Trash Hauling
Franchise Program to consolidate trash hauling enterprises within the
City and improve the environmental and safety standards that govern
trash hauling within the City. The program shall be operated in
accordance with strong environmental standards.
SECTION 12: EFFECTIVE DATE.
This Resolution is hereby established and approved as
effective upon the date of its adoption by the City Council of the City
of Vernon.
SECTION 13: REPEAL OF CERTAIN RESOLUTIONS.
All resolutions, or parts of resolutions not consistent with
or in conflict with this Resolution, are hereby repealed.
SECTION 14: 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.
APPROVED AND ADOPTED this M day of August , 2011.
Name: Hilario Gonzales
Title: Mayor / ayor Pro- em
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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 Resolution, being Resolution
No. 2011-149, 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 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
Masami Higa, Assistant Finance Director
Alex Kung, Senior Accounting Manager
Joaquin Leon, Deputy City Treasurer
Michael Montgomery, Interim City Attorney
Lewis Pozzebon, Director of Health & Environmental Control
Mark Whitworth, City Administrator/Fire Chief
Kevin Wilson, Director of Community Services & Water
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 201.1-149 — A Resoluti n of the City Council of the City of Vernon
Affirming the City's Commitment to Continued Adoption and Implementation of Reform
Measures
Transmitted herewith is a copy of Resolution No. 2011-149 referenced above, which was approved by
City Council on August 25, 2011.
Thank you.
WY:dj
Attachment
c: Resolution No. 2011-149
DATE: August 24, 2011
TO: Honorable Mayor and City Council
FROM: Mark C. Whitworth, City Administrator M W�..
RE: Resolution Affirming Vernon's Commitment to Continued Reform
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
strengthening, enhancing, and/or supplementing prior measures and adopting new initiatives and
policy directives to implement in the near future.
The attached resolution specifically provides for:
(1) Directions to adopt the Independent Ethics Advisor's additional reform
recommendations as soon as feasible;
(2) A new 4-year contract with the Independent Ethics Advisor to serve as the City's
Independent Reform Monitor;
(3) Guidance to convey the City's current housing stock to the Housing Commission;
(4) Guidance to the Housing Commission regarding the construction of approximately 50
new, non -City owned housing units in the City of Vernon;
(5) A continuing commitment to provide for the collective bargaining of the Fire and "
Police Departments, in accordance with the recently executed collective bargaining
agreements;
(6) A commitment toward maintaining a neutral position regarding collective bargaining
with respect to all City employees;
(7) Guidance to the City Administrator to prepare a living wage policy for review and
adoption by the City Council;
(8) The City Council's support for continuing to comply with State law requirements
related to payment of prevailing wages for public works projects;
(9) An Environmental and Community Benefit Fund to enhance local services,
environmental justice, and sustainability efforts in adjacent areas;
(10) The creation of a new Sustainable Development and Energy Efficiency Commission
to establish and enforce environmental standards for City projects; and
(11) The creation of a new Trash Hauling Franchise Program with strong environmental
standards.
Analysis
1. Independent Ethics Advisor Recommendations
The City of Vernon engaged its current 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. Under the
oversight of the Independent Ethics Advisor, who was assisted by Robert M. Stern, the City has
successfully adopted and implemented several governance reforms and initiatives to date,
including but not limited to adjusting salaries of department heads in line with comparable local
jurisdictions, establishing a Housing Commission to manage all City -owned housing and develop
policies for rental units owned by the City, reducing City Council salaries and benefits, as well as
measures designed to promote transparency and encourage public participation. On July 31, 2011,
the Independent Ethics Advisor issued his report, which acknowledged the City's ongoing reform
efforts, but also calls for implementation of additional reforms.
The attached resolution expresses the City Council's commitment to implement the Independent
Ethics Advisor's additional reform recommendations as soon as feasible. Under the resolution,
the City Administrator would be required to make considered recommendations to the City
Council outlining the appropriate means of adopting and implementing the additional reforms in
accordance with applicable law.
2. Independent Reform Monitor
Given the success of the engagement of the Independent Ethics Advisor, the attached resolution
would further authorize the City Administrator to negotiate a new 4-year contract with the
Independent Ethics Advisor as the City's new Independent Reform Monitor.
Under the new contract, the Independent Reform Monitor would evaluate the City's continued
compliance with previously and subsequently adopted reforms and recommend implementation of
additional reform measures, as necessary. In addition, the Independent Reform Monitor would
have the power to conduct audits of all City operations and budgets as well as review any
proposed service or personal service contract that is substantial in nature. The Independent
Reform Monitor would have a duty 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. The City Administrator in conjunction with the City Attorney would also explore legal
mechanisms that may be available to authorize the Independent Reform Monitor to enforce City
compliance with adopted reform measures.
2
The resolution requires that any new contract with the Independent Ethics Advisor be negotiated
within 60 days of the effective date of the resolution.
3. Conveyance of City Housing to the Housing Commission
Ordinance No. 1183 established the City's Housing Commission and charged it with the duty to
pursue the development of new housing opportunities in the City, and manage the day-to-day
issues of the City's housing stock. See Ordinance No. 1183, § 2.121(d). The Housing
Commission does not yet have the authority to hold title in City housing.
The attached resolution directs the City Administrator to begin the process of vesting the City's
current housing stock in the independent Housing Commission in accordance with applicable law
by preparing for City Council consideration (i) an amendment to Ordinance No. 1183 to allow the
Housing Commission to hold title in housing properties, and (ii) conveyance documents to
transfer the City's fee interest in its housing stock to the Housing Commission. The City
Administrator shall also work with the City Attorney to analyze any legal issues that may be
associated with the Housing Commission holding title to the housing.
4. Development of New Housing Units
The attached resolution establishes a goal to double the size of the City's population and foster a
diverse and vibrant residential community through the construction of non -City housing units,
including units specifically designated for affordable housing, within the City.
The attached resolution directs the City Administrator, in conjunction with the Director of
Community Services, to develop a plan for review and implementation by the Housing
Commission that provides for: (i) the construction of approximately 50 new non -City owned
housing units within 3 years on land made available by the City; (ii) the provision of gap funding
by the City, as needed, to attract private investment necessary for the development of the new
units; and (iii) the allocation of a portion of the units as low and very -low income units.
To meet these goals, the resolution directs the City Administrator to work with the City Treasurer
and the Director of Community Services, as needed, to develop recommendations regarding the
provision of gap funding, the availability of existing land or the securing of new land for the units,
the development of construction proposals, and the investigation of other particulars, as well as the
designation of a portion of the new units for affordable housing, all in accordance with applicable
law. It is expected that the cost of this initiative will range from $12 to $15 million, not including
the cost of land.
5. Continued Relations with the Fire and Police Departments
To foster equitable employment relationships with its Fire and Police Departments, the City
executed collective bargaining agreements with its Fire and Police Department representatives.
By enacting the attached resolution, the City would commit to continuing to work in cooperation
with its Police and Fire Departments in the future in accordance with the agreements.
6. Collective -Bargaining Neutrality Policy for City Workers
As stated above, the City of Vernon has recently negotiated collective bargaining agreements with
the Fire and Police Departments. To provide the same opportunities for all City employees, the
attached resolution adopts a policy of collective bargaining neutrality by the City with respect to
all City workers. Under the policy, the City will not take any position with regard to the rights of
City workers to unionize or collectively bargain.
7. Living Wage Policy
The City of Vernon supports a living wage policy for City employees and City contractors.
Living wages are generally set as the wage a full time worker would need to support a family
above the poverty line. Living wage rates vary from city to city, based on the local cost of living.
For example, the current living wage for the City of Los Angeles is $11.55 per hour in wages
without health benefits, or $10.30 plus $1.25 per hour in health benefits.
The attached resolution expresses the City Council's support for a living wage policy for City
employees and contractors and directs the City Administrator to prepare an appropriate living
wage policy for the City of Vernon for review and adoption by the City Council.
8. Prevailing Wage
The City of Vernon has long supported and has a longstanding policy of complying with state law
requirements related to payment of prevailing wages for public works projects, as set forth in
California Labor Code 1770 et seq. These measures ensure competitive wages for the workers
entrusted with works projects funded in whole, or in part, with City funds. Recent litigation
unrelated to the City of Vernon, however, has raised questions regarding the applicability of the
State's prevailing wages provisions to charter cities. To reaffirm the City's commitment to
compliance with the State's prevailing wage requirements, regardless of the outcome of this recent
litigation, the City Council passed Resolution No. 2011-115 on June 27, 2011, to submit the
following Charter amendment to a vote of the City electorate on November 8, 2011:
Prevailing Wages. The provisions of California Labor Code 1770 et seq.
regarding the payment of prevailing wages on public works and related
regulations, as now existing and as may be amended, are accepted, reaffirmed and
made applicable to the City, its departments, boards, officers, agents and
employees.
The attached resolution expresses the City Council's support for continuing to comply with State -
law requirements related to payment of prevailing wages for public works projects, regardless of
the outcome of the vote on the Charter amendment.
9. Environmental and Community Benefit Fund
The City of Vernon has taken steps toward enhancing the services provided to City residents, as
well as advancing sustainability and environmental justice efforts throughout the City and its
surrounding areas. Understanding the gravity of the issues facing Vernon and its neighbors, and
Senator De Leon's commitment to the issues, the City Administrator has recommended through
the attached resolution that the City commit to establish an Environmental and Community
Benefit Fund (ECBF) to mitigate the effects of air pollution in the surrounding community that
would be managed by a committee of 9 members, each of whom would serve a term of 2 years.
C!
To obtain broad and diverse input and support for the ECBF's initiatives, particularly the input of
Vernon's neighbors, the attached resolution provides that the committee shall include: 1 Senate
Rules appointee (who may be a Senator, a delegate, or a public representative); 1 Assembly
Speaker appointee (who may be an Assembly member, a delegate, or a public representative); 1
Governor appointee; 1 Vernon appointee; 1 Huntington Park appointee; 1 Maywood appointee; 2
City of Los Angeles appointees (including a Boyle Heights and South Los Angeles
representative); and 1 County of Los Angeles appointee (representing unincorporated East Los
Angeles).
The attached resolution provides that the City will fund the ECBF for 10 years, providing $5
million per year, with Consumer Price Index adjustments for each year after the first year. In
addition, the Staff recommends that the ECBF's initial funding include additional separate
allocations of $5 million (with Consumer Price Index adjustments) to assist programs at the
Hazard Park Amory Youth Center in Boyle Heights and $5 million (with Consumer Price Index
adjustments) to assist the renovation of Salt Lake Park in Huntington Park. These community
recreational facilities provide invaluable services to surrounding communities, and should be
supported as part of any good neighbor initiative.
The attached resolution further directs the City Administrator and City Treasurer to develop a joint
recommendation consistent with applicable law for an allocation from the City's annual budget for
the ECBF and for structuring the ECBF and facilitating its management by the 9-member
committee, based on a review of best practices for the establishment of such funds and
consultation with managers of existing funds, as may be necessary, and to work with the Amory
and Park to define the contributions to programs at those facilities. The City Administrator and
City Treasurer are directed to present their recommendations to the City Council for consideration.
10. Sustainable Development and Energy Efficiency Commission
In Resolution No. 2011-69, the City of Vernon established an Ad Hoc Sustainable Development
and Energy Efficiency Committee to work toward the development of a Sustainable Industrial
Development Plan and Climate Action Plan. In the course of evaluating further how the City
could better promote sustainability in the City, Staff determined that creating a standing
Sustainable Development and Energy Efficiency Commission with ongoing responsibilities and
oversight, as opposed to an ad hoc committee, would be more effective.
The attached resolution would strengthen these efforts by creating a Sustainable Development and
Energy Efficiency Commission ("SDEEC") and directing the City Administrator to prepare an
Ordinance establishing the SDEEC for consideration by the City Council. The SDEEC would be
responsible for overseeing major City projects to ensure their compliance with the City's
environmental standards and requirements, as well as making recommendations and promoting
best practices for sustainable development and energy efficiency in the City. The attached
resolution would also require that the SDEEC include representation from the environmental
justice community.
11. Trash Hauling Franchise Program
Vernon has been working to improve trash hauling within the City by reducing inefficiencies and
promoting best practices, as well as implementing strong environmental and safety standards. To
further these goals, the attached resolution directs to the City's Health Officer / Director of Health
5
and Environmental Control to establish a Trash Hauling Franchise Program, which would
consolidate trash hauling enterprises within the City and improve the environmental and safety
standards that govern trash hauling in Vernon.
Recommendation
Adopt the attached resolution affirming the City's commitment to continued adoption and
implementation of reform measures in accordance with applicable law.
0
CAPITOL OFFICE
STATE CAPITOL, ROOM 5108
SACRAMENTO, CA 95814
TEL (916) 651-4022
FAx (916) 327-8817
DISTRICT OFFICE
TEL (213) 612-9566
FAx (213) 612-9591
August 22, 2011
Mr. Mark Whitworth, City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 00058
RE: Cleaning Up Vernon
Dear Mr. Whitworth:
COMMITTEES
ELECTIONS & CONSTITUTIONAL
AMENDMENTS
ENERGY, UTILITIES &
COMMUNICATIONS
GOVERNMENTAL
ORGANIZATION
HEALTH
RULES
JOINT COMMITTEES
LEGISLATIVE AUDIT
RULES
RREC IVED
AUG 2 5 2011
CITY ADMINISTRATION
F poc ce, (,-(,I
Last December, I agreed to co-author Speaker Perez's Assembly Bill 46 because,
like many, I was seeking a solution for the long-standing corruption that has
plagued your city. Not onlyhas'there been 'decadesof'cronyism an&rnisdealings,
the City has also victimized surrounding communities with '9irresponsible land-,use
decisions and no real efforts to rein in pollution It seemed, at the time, that
disincorporation was not only necessary but way overdue
As I delved further into thei issue, several of:the local -businesses and unions —
particularly IBEW 47, UFCW 770 and Teamsters Joint Council 42, quickly brought
to my attention how this actionwould be devastating to the economic engine in
Vernon that puts 55,000 women and men to work with high wage jobs and creates
thousands of other jobs in surrounding communities.Given the fragile nature of
our economy, i _realized that rnuch more examination was needed before taking
such terminal action.
This is the first year I've represented;the City of Vernon and southeast Los
Angeles. During this year, I've come to better. understand the historic corruption
that has plagued southeasttos,Angeles, from Bell, to Maywood, to Vernon. What I
have discovered is that these cities have historically very weak governance
structures that have led directly to widespread corruption and obscene abuses of
public funds. As one of the elected representatives of these'communities, I believe
I have a moralobligationto address those -weaknesses 'and that I must work_ to
root out the stubborn corruption plaguing those communities. Those efforts
require a laser -like focus on eliminating corruption while' preserving governance
Mr. Whitworth
August 22, 2011
Page 2 of 7
systems that are working for the public's benefit. Most importantly, we need to
work to protect the jobs for the communities, especially with a 12% unemployment
rate in California:
To date, the Speaker's legislation has focused on disincorporation. That
legislation` establishes an alternative governance structure that ultimately puts the
County of Los Angeles in charge of Vernon. My concern with that proposed
solution is that the County of Los Angeles seems to need fewer responsibilities
right now, not more. I have represented and will soon represent unincorporated
areas of Los Angeles struggling intensely to free themselves of a County
governance system the people feel is nonresponsive to their needs. The County's
enormous government system leaves many of my constituents with an
overwhelming sense of disenfranchisement that I don't want duplicated in Vernon.
Los Angeles County's recent announcement expressing concerns about the
immense burden that it would bear should these bills pass is no surprise. Our
budget crisis has hit the county just as hard as the state and left it struggling to
cope with existing responsibilities, such as its troubled child protective services
system, King -Drew hospital, and USC County Medical system to name just a few.
I'm reluctant to impose new and potentially crushing debt burdens upon the
already overstretched county. Moreover, it's not clear to me how turning Vernon
over to a governing body already overburdened with responsibilities will improve
the day-to-day governance of Vernon. Since taking office, I have not received a
single complaint regarding the operation of Vernon's public service system., Its
police and fire departments appear to be well run and free of the corruption that
has plagued Vernon's top leadership. The day-to-day operation of Vernon is
clearly not the problem. The City's governance structure is the problem and that's
what I want to focus on changing.
According to the comprehensive report by former Attorney General Van de Kamp
and University of Southern California Professor Bob Stern, while Vernon's
problems run deep, we don't need to eliminate the City in order to save it. With
intelligent and comprehensive reforms, we have the opportunity to transform what
has been a local government embarrassment into a model city. Speaker Perez's
bills have created the opportunity to reinvent Vernon and forge a governance
Mr. Whitworth
August 22, 2011
Page 3 of 7
system that will serve as a model for a region plagued by corruption and weak
governance. As a result of that legislation, the City of Vernon has taken a number
of steps to improve governance within your city. However, additional steps need
to be taken, starting with implementing the recommendations of the Van de Kamp
report. I also be additional steps are necessary to transform the city into a
model for the region. That would truly be a lasting and impressive public service
for local residents and future generations.
The most important argument for disincorporation is that a city election with a
tcaptured electorate" (one that is effectively selected by its city leaders) is simply a
sham. I agree with that point, and while the City of Vernon may never have
enough independent residents to satisfy the Local Agency Formation Commission
process, I do believe that the City is capable of doubling the size of its current
electorate with independent voters. The housing in the City's current portfolio
should be spun off to an independent housing authority and the City should
consent to subsidizing a housing project that will in effect double the size of its
current electorate. A housing development of this sort will bring fresh independent
blood to the City of Vernon, and with it I'm confident the cesspool that has long
ruled this city will finally be drained and cleaned up.
To help ensure that these reform promises already underway by the City, the
changes recommended in the Van de Kamp report and additional
recommendations within this letter are actually realized and take root in the
governance culture of Vernon, an independent ethics monitor must be appointed
for a multi -year period.. Clearly, it will take years for the new culture of governance
to take root in Vernon. We need a monitor with broad powers to enforce the reform
agreements and to regularly report back to the Legislature on the City's progress
on those commitments.
Another important issue that's been largely lost in this debate is the fact that the
City of Vernon hasn't always been a decent neighbor. it has a long history of
instituting zoning rules and approving projects with little to no consideration of how
those decisions would impact the neighboring communities. Any reform on this
'matter must address the environmental hazards the City has created for its
neighbors. The currently proposed legislation doesn't appear to make any
Mr. Whitworth
August 22, 2011
Page 4 of 7
substantive changes in that area nor offer any mitigation to the thousands of
residents living near and around Vernon. My concern is that the County will treat
Vernon as a cash cow focusing on how much revenue they can wring out of it
without regard to its impact on the surrounding communities. Hoping for a more
sympathetic treatment from a massive County government desperate for
additional revenue isn't a strategy as much as it's wishful thinking.
The City of Vernon needs to establish a planning commission with outside
environmental justice representation. In addition to insuring better planning and
transparency for future development projects, any agreement on this issue must
include an enforceable ongoing and substantial mitigation fund agreement. That
fund would be dedicated to improving the quality of life of the thousands of
children living in neighborhoods surrounding Vernon by providing air quality
mitigation and recreational opportunities such as parks; playgrounds, athletic fields
and open spaces. Those funds should be allocated on an annual basis by a board
with independently appointed representatives from surrounding communities, as
well as Vernon representatives.
I also believe that the City of Vernon should immediately begin making amends for
its Jong history of riding roughshod over the environmental justice concerns of its
neighbors. It could do so by building and maintaining a unique recreational venue
for the surrounding communities. The City of Commerce's Aquatorium serves as a
model of a much -needed aquatic center and gym in a deeply underserved area.
Such a facility teaches poor minority children to swim, provides a. competitive swim
program and athletic outlets for kids and teenagers, a gym offering work-out
programs for adults, as well as a respite on hot summer days for kids and adults
alike: The City of Vernon likes to say "it works. Well, I think it must prove it can
work not only for its own financial benefit but also for the benefit of the thousands
of children and neighbors who are forced to cope with the noxious fumes its work
generates.
So, in the interest of jobs, effective and responsive governance and community
mitigation, I have come to the decision that an alternative to disincorporation is
necessary. It is imperative the City follow through on the following six Critical Path
Reforms to address the concerns noted above:
Mr. Whitworth
August 22, 2011
Page 5 of 7
1. Greater Accountability & Transparency
a. Implement Charter Reform via election at the earliest possible date
this year that:
i. Removes the "at -will" provision in the Charter;
ii. Establishes Council term limits;
iii. Establishes salary and benefit limits for senior city officials;
iv.. Prohibits the Council from appointing successors;
v. Removes the provision that limits the ability to remove the
City Administrator;
vi. Removes the provision prohibiting transfers from Light and
Power to the General Fund;
vii. Adds a provision for prevailing wage in city contracts; and
viii. Establishes an open and competitive bidding process on
service and personal service contracts that is prominently
posted on the City's web -site, and that requires the details to
those contracts to be prominently posted on the City's web -
site at least seven days prior to Council approval
2. Van de Kamp Report Recommendations
a. Implement the recommendations in the Van de Kamp report as soon
as feasible.
3. Doubling the Electorate
a. Establish an independent Housing Commission;
b. Spin off the city's current housing stock to the independent Housing
Commission; and
c. Construct approximately 50 new housing units with a significant
affordable component within three years, with the goal of doubling
the City's electorate.
4. Independent Reform Monitor
a. Appointment of an Independent Reform Monitor for a period of no
less than four years;
b. That Reform Monitor shall have broad -based authority to enforce the
elements of the revised charter and other adopted reforms;
Mr. Whitworth
August 22, 2011
Page 6 of 7
c. The Reform Monitor's powers shall include the power to conduct
audits of all city operations and budgets as well as review any
proposed service or personal service contract that is substantial in
nature; and
d. The Reform Monitor shall report back annually to the Legislature on
the progress of the City's efforts to meet its obligations and shall
make recommendations on any additional changes that may be
necessary to implement the changes.
5. Worker Rights for Police, Fire and Other Public Employees
a. Continue to allow for collective bargaining by police and firefighters;
b. Establish collective bargaining neutrality for city workers; and
c. Establish a living wage program for city employees and contractors.
6. Good Neighbor Program
a. Establish a substantial and long-term Environmental and Community
Benefit Fund to help mitigate the decades of noxious air released
from Vernon (the exact amount to be negotiated);
b. Creation of an independent board to allocate those Environmental
and Community Benefit Funds including representation from outside
affected communities;
c. Immediately fund regional community recreational facilities in
affected neighboring communities (the scope and sites to be
negotiated);
d. Establish a Sustainable Development and Energy Efficiency
Commission that includes representation from the environmental
justice community; and
e. Revise existing trash hauling program with strong environmental
standards.
Assuming that the City embraces all of the Critical Path Reforms, and after all
these steps are taken Vernon continues to subvert and frustrate the
implementation of these reforms, then I will be fully prepared to support the
disincorporation of the City. At that point we all will know that your City is beyond
being saved. Until that time, however, I am not prepared to jeopardize tens of
thousands of good -paying jobs by disincorporating Vernon.
Mr. Whitworth
August 22, 2011
Page 7 of 7
Speaker Perez's efforts have begun an important conversation about transparency
and good government in southeast Los Angeles. It's a long overdue conversation
and Speaker Perez deserves a great deal of credit for tackling this persistent and
stubborn problem.
truly believe that the City is on the cusp of historic reform and the creation of a
.model government that will serve as a beacon in a sea of long troubled
communities. Now the City must seize the opportunity by rolling up its sleeves and
moving forward on these measures that will remake Vernon and improve its
neighbors' quality of life.
look forward to working with the City, its workers and businesses on this
important effort and making it a reality. Protecting 55,000 jobs for hard working
women and men is a priority as is rooting out the historic corruption that has been
present for decades.
Sincerely,
EVIN DE LEON
Twenty -Second Senate District