Ordinance No. 638ORDINNANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON CREATING
AND ESTABLISHING A CITY MANAGER FORM OF GOVERNMENT FOR SAID CITY
AND DEFINING THE AUTHORITY, POWERS AND DUTIES OF THE CITY MANAGER
AND DECLARING SAID ORDINANCE TO BE AN EMERGENCY MATTER AND THE
REASONS THEREFOR,
THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS FOLLOWS:
SECTION 1: Office of City Manager Created. The office of City
Manager of the City of Vernon is hereby created and established.
The City Manager shall be appointed by the City Council solely
on the basis of his executive and administrative qualifications
and ability, and shall hold office at and during the pleasure of
the City Council.
SECTION 2: Eligibility. Residence in the City of Vernon shall
not be required as a condition of appointment.
No person elected to membership on the City Council shall,
subsequent to such election, be eligible for appointment as City
manager until one year has elapsed after he has ceased to be a
member of the City Council.
SECTION 3. Bond. The City Manager shall furnish a corporate
surety bond to be approved by the City Council in the sum of
Five Thousand Dollars (:5000.00) and shall be conditioned on the
faithful performance of the duties imposed on the City Manager
as herein prescribed.
SECTION Z{.. Absence. The City Manager shall appoint, subject
to the approval of the City Council, one of the other officers or
department heads of the City to serve as Manager Pro Tempore
during any temporary absence or disability of the City Manager.
In case of the absence or disability of the City Manager and
his failure to so appoint a Manager Pro Tempore, the City Council
may designate some duly qualified person to perform the duties
of City Manager during the period of absence or disability of
said City Manager, subject, however, to said person furnishing a
corporate surety bond conditioned on faithful performance of
the duties required to be performed, as set forth in SECTION 3
herein.
SECTION 5. Compensation. The City Manager shall receive as
compensation for his services the sum of Fifteen Thousand
Dollars M51000.00) per year, payable in equal monthly install-
ments, and said compensation shall be a proper charge against such
funds of the City as the City Council shall designate.
Said City Manager shall be reimbursed for all sums
necessarily incurred or paid by him in the performance of his
duties, or incurred when traveling on business pertaining to
said City under the direction of the City Council; reimbursement
shall only be made, however, when a verified itemized claim,
setting forth the sums expended for which reimbursement is
requested, has been presented to the City Council, and by said
City Council duly approved and allowed.
SECTION 6. Powers and Duties. The City Manager shall be the
administrative head of the City Government under the direction
and control of the City Council, except as otherwise provided in this
Ordinance. He shall be responsible for the efficient administra-
tion of all the affairs of the City which are under his control.
In addition to his general powers as administrative head and not
as a limitation thereon, it shall be his duty and he shall have
the power:
(a) To see that all laws and Ordinances of the City are
duly enforced, and that all franchises, permits and privileges
granted by the City are faithfully observed.
(b) To employ, fix the compensation of, direct, control
and discharge all employees of the City except the City Clerk,
-2-
City Treasurer, City Judge and City Attorney; and to transfer
nnA rlanArtment to another: and to consolidate or
City Treasurer, City Judge and City Attorney; and to transfer
employees from one department to another; and to consolidate or
combine offices, positions, departments or units under his
direction.
(c) To compile and preserve inventories of all City real
and personal property.
(d) To create and superintend a complete system of
accounting for the City and all of its officers.
(e) To prepare or have prepared all plans, specifications
and details for work to be done by the City or any City depart-
ment.
(f) To control, supervise and inspect all public work
being done by the City.
(g) To negotiate and before their execution to examine
and approve all contracts to be entered into by the City or any
City officer and see that such contracts are faithfully carried
out.
(h) To attend all meetings of the City Council unless
excused therefrom by the Council, except when his removal is under
consideration by the Council.
(i) To recommend to the City Council for adoption such
measures and ordinances as he deems necessary or expedient.
(j) To keep the City Council at all times fully advised
as to the financial conditions and needs of the City.
(k) To prepare and submit to the City Council the annual
budget.
(1) To purchase all supplies for all of the departments
or divisions of the City. No expenditure shall be submitted or
recommended to the City Council, except on report or approval of
the City Manager.
(m) To make investigations into the affairs of the City,
and any department or division thereof, and any contract, or the
proper performance of any obligations running to the City.
(n) To investigate all complaints in relation to matters
concerning the administration of the City Government and in
regard to the service maintained by public utilities in the City,
and to see that all franchises, permits and privileges granted
by the City are faithfully performed and observed.
(o) To exercise general supervision and control over the
operation, maintenance and repair of all public utilities, public
buildings, public parks and other public property owned, main
tained and operated by the City and not hereafter specifically
delegated to a particular board or officer.
(p) To devote his entire time to the duties of his office
and the interests of the City of Vernon.
(q) To meet with Directors, Officers and Committees of
Vernon Industrial Development Association and with other Asso-
ciations of like character with interests in the City of Vernon
for the purpose of considering problems and matters of importance
of the industry as a whole located in the City of Vernon, in order
that the industries of Vernon may be given representation by the
City Manager in the Government of said City insofar as said
Government may involve the health, welfare and safety of said
industries.
(r) To employ from time to time special legal counsel to
aid and advise the City Manager and to perform legal services
for and on behalf of the City of Vernon in any and all matters
which, in the opinion of the City Manager, require or make advis-
able the employment of special counsel, and to fix the compensa-
tion for the services performed by such special counsel; and such
compensation shall be a proper charge against such funds of the
City that the City Council shall designate.
(s) To manage, control, supervise and regulate the use
of all sanitary sewers, sewer systems and storm drains and
storm drain systems located in the City of Vernon, and, from
time to time, to recommend to the City Council the adoption of
all such Ordinances and regulations for the maintenance, opera.
tion and use of such sewers and storm drains as may be, in the
opinion of the City Manager, necessary or convenient for the
health, welfare and safety of the City of Vernon, its inhabitants
and the industries located therein; and to negotiate with the
City of Los Angeles, through its proper officers, the settlement
of all existing controversies between the City of Vernon and
the City of Los Angeles arising out of or in anywise pertaining
to the operation, maintenance or use of sanitary sewers, insofar
as the same or any thereof connect with or make use of any of the
sewage facilities of the City of Los Angeles.
(t) To make a study and from time to time to report to
the City Council upon all water pollution situations existing in
or in anywise affecting the underground waters of the City of
Vernon, and from time to time to make such recommendations thereon
as, in the opinion of the City Manager, may be deemed necessary
for the health, welfare and safety of the City of Vernon, its
inhabitants and industries located therein.
(u) To perform all such other powers as may be delegated
to him from time to time by Ordinance or Resolution of the City
Council.
SECTION 7. Orders and Directions, The City Council and its
members shall deal with the administrative services of the City
only through the City Manager, except for the purpose of inquiry,
and neither the City Council nor any members thereof shall give
-5-
orders to any subordinates of the City Manager.
SECTION 8. Removal. The removal of the City Manager shall be
only on a four- fifths (/5) vote of the whole Council. In ease
of his intended removal by the Council, the City Manager shall
be furnished with a written notice stating the Council's inten-
tion to remove him and the reasons therefor, at least thirty
(30) days before the effective date of his removal.
Within seven (7) days after the delivery to the City
Manager of such notice, he may, by written notification to the
City Clerk, request a public hearing before Council. Thereafter
the Council shall fix a time for the public hearing which shall
be held at its usual meeting place, but before the expiration
of the thirty -day period, and at which the City Manager shall
appear and be heard.
SECTION. Francis Bates is hereby appointed to act
as City Manager under the terms and provisions of this Ordinance,
his term of office to commence upon the effective date of this
Ordinance, when he has complied with the provisions of SECTION
3 hereof.
SECTION 10. Repeal. All Ordinances and parts of Ordinances
in the City of Vernon in conflict herewith are hereby repealed
to the extent of such conflict.
SECTION 11. Constitutionality. If any section, subsection,
sentence, clause or phrase of this Ordinance is for any reason
held to be unconstitutional, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City
Council of the City of Vernon hereby declares that it would have
passed this Ordinance and each section, subsection, sentence,
clause and phrase thereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases
be declared unconstitutional.
SECTION 12. Emergency Clause. This Ordinance is an emergency
measure affecting the public peace, health and safety of the
inhabitants of the City of Vernon, and its adoption as an
emergency measure is necessary for the preservation of the public
peace, health and safety of the citizens of Vernon, and it is,
therefore, necessary that this Ordinance take effect immediately.
A statement of the facts constituting such necessity and
of the reasons for its emergency are as follows: it has come
to the attention of the City Council of the City of Vernon that
serious sewage problems existing in the City of Vernon require
Immediate attention and solution in particular instances as
hereinafter set forth, to wit: that the amount of sewage being
collected by the sanitary sewer system of Vernon and emptied into
the Los Angeles System exceeds the amount of allowable sewage
which the City of Vernon, under its contracts with the City of
Los Angeles, is permitted to empty into the Los Angeles Sewer
System; that such excess sewage, and particularly the disposal
thereof into the Los Angeles Sewer System, amounts to a serious
violation of the terms and provisions of existing sewer contracts
between the City of Los Angeles and the City of Vernon; that
serious controversies exist between the City of Vernon and the
City of Los Angeles concerning the continued use of the Los
Angeles Outfall Sewer System for the disposal of sewage and the
obligation of the City of Vernon to the City of Los Angeles for
the payment of Vernon's share of the cost of constructing facil-
ities necessary for the treatment of such sewage by the City of
Los Angeles; that serious conditions exist in the City of Vernon
occasioned by the continued pollution of underground waters in the
City of Vernon endangering the purity and salinity of the water
supply of the City of Vernon; and that all of these matters
-7-
require the immediate attention of an expert or experts par-
ticularly fitted not only to deal with the problems themselves,
but to devise ways and means of settling the controversies and
eliminating the dangerous situation occasioned by the pollution
of underground waters, and for that reason the City Council of
the City of Vernon deems it necessary and advisable and for the
best interests of the City of Vernon and its inhabitants that
this Ordinance be adopted immediately as an emergency matter, in
order that the City Manager may be enabled forthwith to enter
upon his duties in working out a solution to said problems,
whether those existing by reason of controversies with the City
of Los Angeles or those occasioned by the pollution of the
underground waters of the City of Vernon, and that, in the
opinion of the City Council, unless immediate steps are taken to
solve the problems and eliminate the conditions all as set forth
in this SECTION 12, the health, welfare and safety of the City of
Vernon, its institutions and inhabitants will be seriously
menaced and irreparably damaged.
SECTION 13. There being no newspaper printed and circulated in
the City of Vernon, the City Clerk of said City is hereby directed
to certify to the passage and adoption of this Ordinance by a vote
of four- fifths (4 /5) of all members of the City Council of the
City of Vernon, and post or cause a copy of this Ordinance to be
posted in said City in the three most public places in said City,
to wit: the northeast corner of 38th Street and Santa Fe Avenue;
and on the northwest corner of 37th Street and Santa Fe Avenue;
and on the bulletin board of the lobby of the City Hall of the
City of Vernon, located at 4305 Santa Fe Avenue, in said City.
That this Ordinance shall become effective on the date
of its adoption.
ADOPTED AND APPROVED this day of
1950.
ATTEST:
City Clerk
STATE OF CALIFORNIA ).
SS
COUNTY OF LOS ANGELFS )
•
Mayor of the City of Vernon
I, G. A. ANDERSON, City Clerk of the City of Vernon, do
hereby certify that the foregoing Ordinance No,
was duly and regularly adopted by the City Council of the City
of Vernon as an emergency Ordinance at a
meeting of the City Council of the City of Vernon held on the
day of , 1950, by the following vote:
AYES:
NOES:
ABSENT:
City Clerk of the City of
Vernon
SUPPORTING
DOCUMENTS
Meeting 12/5/50
Mr. J.A. Cereghino, Piesident of the Vernon Industrial
Development Association addressed. the Council. an( requested that no
action be taken on Ordinance 638, Creating and establishing a City
Manager form of Government until the first meeting in February, 1951.
Meeting of 11/8/50
Ordinance No. 8 Submitted by the Vernon
Industrisl Development Association) being an Ordinance creating and
establishing a City Manager form of Government, and defining the
authority, powers and duties of the City Manager and declaring said
Ordinance to be an emergency mater and reasons thereof.
It was moved by Trowbridge, seconded by Poxon that
letter of
proposed Ordinance No. 638 be tabled and laid over for/petitiOn
in the mater of proposed Ordinance from the Vernon Industrial Develop-
ment Association. Motion carried.
1eeting of 10/27/50 L : Ai
at office of Vernon Industrial Development Association, 3711 Santa
Fe Avenue.
Lembers of City Council requested to be present by J.A. Cereghino,
President of V.I.D.A.
resent
J. Cereghino
1 °eller
A. Lundin
Sprinkel
A.B. Nauert
J.B. Ieonis I. Bates
(Citv_of Vernon)
R.J. Furlong
C.H.
G.H. Anderson
J.11. Poxon
G.A. Anderson
Council
ft
tt
tI
City Clerk
Officers of V.I.D.A. presented urdinance re: City Manager
and requested its adoption at next council meeting.
VERNON CHAMBER OF COMMERCE
2630 LEONIS BOULEVARD
VERNON 58, CALIF.
LOGAN 8 -3313
February 16, 1951
BOARD OF DIRECTORS
/CHARLES M. KING, PRESIDENT City Council
City of Vernon
1,/ N. W. HAGELBERG, 1ST VICE -PRES. Vernon, California
NORRIS STAMPING & MFG. CO.
SO. CALIF. MEAT PACKERS, INC.
V LIONEL J. SORACCO, 2ND VICE -PRES.
BETHLEHEM PACIFIC COAST STEEL CORP. Honorable and Dear Sirs and Mesdames:
GEORGE J. PECARO, 3RD VICE
PIONEER DIV.- FLINTKOTE CO.
E. JUNGQUIST, TREASURER
PERCIVAL STEEL & SUPPLY CO.
1
I FLOYD C. MERRITT
' BYRON JACKSON CO.
WM. HOLZHAUER
ALUMINUM CO. OF AMERICA
PERRY HANSEN
ACME BREWING CO.
FAYE G. BENNISON
VERNON KILNS, INC.
C. F. WHITTAKER
STUDEBAKER PACIFIC CORP.
LEROY H. STANTON
E. J. STANTON & SON, INC.
CYRIL C. NIGG
BELL BRAND FOODS, LTD.
JACK MANILDI
MELL O. HALDEMAN CORP.
A. W. LOHN
DUCOMMUN METALS & SUPPLY CO.
E. V. STAUDE
BRUNSWIG DRUG COMPANY
WALLACE E. PROPST
ACTING SECRETARY
-PRES.
We understand that there is coming
up before you for consideration at your meet-
ing on Tuesday, February 20th, the adoption
of an ordinance which has been proposed, cre -
ating and establishing a city manager form of
government. We understand that you have had
some expressions of support for this ordinance.
We have referred a copy of the ordi-
nance to the Executive Committee of the Chamber
of Commerce and, at a special meeting which was
called to consider the matter, the Committee
directed me to advise you that by the unanimous
action of its members, the Committee recommends
to your honorable body that the proposed ordi-
nance not be adopted. The Committee is of the
opinion that it Mould not be to the best interests
of the City of Vernon and of the industries lo-
cated within Vernon that such ordinance be
adopted. We have taken the liberty of calling
this action to your attention because we are
fearful that the expressions that you have re-
ceived in favor of the ordinance might be deemed
to reflect the opinion of industry in Vernon.
We are fearful that many of those who are sup-
porting the ordinance as drafted are not fully
acquainted with the details of the ordinance,
many of which we feel would be very detrimental
to the City of Vernon.
CMK: f
Very truly yours,
ON CHAMBER OF C
February 24, 1951
Mr. Frank P. Doherty
433 S. Spring Street
Los Angeles 13, California
Dear r. Doherty:
Your letLer of February 19 1951, addressed
to Mayor Robert Furlong in regards to an or inance for a
City Manager form of government has been referred to no for
answer.
Mayor Furlong wishes me to advise you that
no date has been set for this matter to appear on the City
Council agenda, but that the City Council meets on the first
and third Tuesdays of each month at 2 o'clock P.F., and that
you are welcome to appear before the City Council on those dates
for any matter that you have an interest in.
Yours very truly,
G.A.Anderson, City Clerk
City of Vernon, California
JAMES L.PATTEN
FRANK W. DOHERTY
JAMES A.DOHERTY
LAW OFFICES
FRANK P. DOHERTY
717 TITLE INSURANCE BUILDING
433 SOUTH SPRING STREET
LOS ANGELES 13,CALIFORNIA
MUTUAL 2296
February 19, 1951
Mayor Robert Furlong
Vernon City Hall
4305 South Santa Fe Avenue
Los Angeles 11, California
Re: Ordinance for City Manager.
Dear 'ir. Furlong:
This is to confirm riy request on the telephone
to you this morning, namely, that the ordinance -)rovid-
ing for the City Manager form of government, which i.s on
the City Council's agenda for tomorrow, Tuesday, Febru-
ary 20th, be postponed until Tuesday, March. 20, 1f51. 1
understand you meet on the first and third Tuesday of
each month.
Would you please have the City Clerk advise me
the date to which. the matter has been continued.
F'D:ab
Thank you for your courtesy.
Very tr
yours,
Frank P. Doherty
CeriraJ AaMlfaehiring District, lne.
R. D. LUTTON. PSESIOEN, CHICAGO
C. J. DOHERTY. VICE PRnmSNr
E. H. FARRAR, GALES MANAGES
V. R. COWSERT, SecSErwsv
B. J. DIEGES, •REASOSES
REGISTERED MAIL
TELEPHONE LAFAYETTE 1101
4814 LOMA VISTA AVENUE
LOS ANGELES i
58
To the Mayor of the City of Vernon, and
The City Council of the City of Vernon
4305 Santa Fe Avenue
Vernon, California
Sirs:
January 8, 1951
It has come to our attention, as it has to a number
of the industries situated within the City of Vernon, of the apparent
need for the further expansion of the City administration to solidify
and perpetuate the meritorious work of the Council and the City officials
which all of us have had benefit of in years past, and for which we have
perhaps been lax in acknowledgment. I am, therefore, taking this oppor-
tunity of expressing the views of our company with respect to the devel-
opment work that we have been carrying on, which could not have been
done with any degree of expeditious accomplishment unless we had the
cooperation of the City and of the Council and the officers and employ-
ees of the City in prompt handling of matters which of necessity must
be referred to the various departments for checking, approval and prop-
er action.
Vernon being a city almost solely made up of indus-
try has had to have considerable municipal administrative .guidance and
I believe that the industries as a whole have been quite satisfied over
the years with the practical direction that the Vernon City Council has
given. In our dependence in that respect we have leaned rather heavily
on the shrewd businesslike inspiration that has been extended over the
years on the part of one of the city founders and long time. councilman,
Mir. John B. Leonis.
Perhaps it should be said, and T feel >r__vileged to
give expression to the fact, that while our holdings diminish from time
to time due to acquisition on the part of industry, nevertheless Cen-
tral Manufacturing District, Inc. and the industries themselves are
grateful and recognize tee conscientious and effective measures that
have been taken in keeping the administrative costs of the City at the
very low tax rates that have been levied since the founding of the City
in 1905. At the sa:ae time costly delays have been avoided by those op-
erating or contemplating operating within the City with the expeditious
handling of permits, applications, approval of - plans for alterations
and new construction, and related matters, all notwithstanding the fact
the t the City engineering and building departments have been especially
careful to avoid all types of construction and development that would
not meet with practical health and safety measures.
-1-
To perpetuate these beneficial measures and to
avoid. the infiltration of undesirable operations within the conk.ne s
of the City it appears, along with the great growth that has taken
place, that a city managership form of administration should. be insti-
tuted tuted to aid not only the industries who will continue to look for
cooperation from your honorable body but for the great convenience
that the City Council may have in having; numerous routine matters and
subjects requiring study and recommendation pass thru the hands of a
competent city manager.
It is our understanding that you il� ve before you
for consideration and adoption a proposed ordinance covering Such a
city managership arrangement, and which provides for the apboin rnent
of 1r• irancis Bates to that office. :':ft.. Bates after serving as a
quali_''ied en :riaeer for many years for one of the major railroads and
after several years in )rivate ,rac t-i_oe was apuointed Engineer of the
City of Vernon. Te believe from our knowledge of his general expori_cnce
in that capacity with his eni.nearin; qualifications, particularly in
developing studies of the utility requirements of the City, that he
should b<_ able to function in a businesslike manner in the caeacity of
city manager. Vie., therefore, trust that your honorable body will move
for the adoption of this ordinance.
Very truly ours
5ce President
CJ: -?�i
C H co y
0 V1 d-
o C7
0 co H• 0
u c'+'
C7 c+ N
A) ? i C ]
1—' 0 0
H•
Ha
0 0 n 0
j . H
0
h co
c c
H.
eti+
E-9
<y�
'1
0
ucuaag JO S,4.-t�
LOS ANGELES 58, CALIFORNIA
311N3Ay tl1SIA YWO-1 1718V