Ordinance No. 1035
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ORDINANCE NO.1 035
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING THE CODE OF THE CITY OF VERNON,
CALIFORNIA, 1959, RELATING TO CITY
ADMINISTRATION, THE FIRE CODE, AND BUSINESS
LICENSES BY REPEALING SECTIONS 2.7-7, 2.18, 2.20
AND 2.67; BY RENUMBERING SECTIONS 15.38, 15.39
AND 15.40; AND BY AMENDING SECTIONS 1.1, 1.2,
2.7, 2.7-1, 2.7-3, 2.19, 2.21, 2.90, 7.64, 15.44
AND 15.45; AND REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT THEREWITH
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WHEREAS, the Code of the city of Vernon, California,
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1959, (hereafter "COde") was adopted by Ordinance No. 827 on May
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4, 1971; and
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WHEREAS, said Code has been amended by subsequent
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Ordinance Nos. 871 through 1034; and
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WHEREAS, said Code and amending ordinances contain cross-
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references to statutes which have been renumbered or repealed,
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have typographical or other minor errors which need to be
corrected, or include provisions which need to be clarified; and
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WHEREAS, some sections of said Code pertaining to the
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City Administrator have been superseded by the City Charter; and
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WHEREAS, the City Clerk and the City Attorney have
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recommended that the following changes pertaining to city
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administration be made.
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THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
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SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are
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true and correct.
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SECTION 2: The Code of the City of Vernon, California,
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1959, is cited in various ordinances and sections by the use of
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terminology not included in either Code section 1.1 or 1.2 such as
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the "Vernon city Code" and "the Code of the city of Vernon."
Therefore, the Code is amended as set forth below.
(a) Code Section 1.1 is amended to read as follows:
Sec. 1.1. How Code designated and cited.
The ordinances embraced in the following chapters and
sections shall constitute and be designated "The Code of the
City of Vernon, California, 1959," and may be so cited. Such
Code may also be cited as the "Vernon City Code, 1959," the
"Vernon City Code," the "Code of the City of Vernon" or the
"Code." For the purposes of posting a public notice or for
signs in public or private places, the code designation may
be abbreviated "Vcc."
(b) The folowing definition is deleted from Code
Section 1.2:
Code. The words "the Code" or "this Code" shall
mean "The Code of the city of Vernon, California,
1959."
SECTION 3: Code section 2.7 (originally designated Code
section 2.6 in Ordinance No. 883) and Code section 2.7-1 of the
Vernon city Code pertaining to the appointment of the City
Administrator have been rendered obsolete in part by adoption of
Code section 6.1 of the Vernon city Charter which establishes the
office and method for appointment of the city Administrator.
Therefore, the Code is amended as set forth below.
(a) Code section 2.6 is officially renumbered to Code
section 2.7.
(b) Code section 2.7 is amended to read as follows:
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Sec. 2.7. Purpose.
The city council finds and determines that the
administrative affairs of the municipal government of the
city will be handled more expeditiously, efficiently, and
satisfactorily if the city administrator, acting on behalf of
the council, will attend to necessary administrative affairs,
will correlate and coordinate various municipal activities,
will compile data, will prepare reports relating to the
affairs of city government, and will generally act as the
agent of the council in the discharge of administrative
duties.
(c) Code section 2.7-1 is amended to read as follows:
Sec. 2.7-1. City administrator qualifications.
The city administrator shall be selected by the city
council solely on the basis of executive and administrative
qualifications, with special reference to actual experience
in, and knowledge of, accepted practices in respect to the
duties of the office as set forth in this article.
SECTION 4: Code Section 2.7-3, "City Clerk," contains a
typographical error which refers to the "clerk administrator"
instead of the "city administrator." The intent of the city
council was set forth in the sixth recitation of Ordinance No.
883, which recital was duly found and determined in Code section 1
of said Ordinance to be true and correct, to wit:
"WHEREAS, the City Administrator will perform the duties
of the City Clerk and shall be appointed to be the City Clerk
for the City of Vernon and will have all of the powers and
obligations provided for in the Government Code."
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consequently, the City Council hereby affirms and ratifies
the position of the City Administrator as the City Clerk since the
adoption of said Ordinance, and Code Section 2.7-3 is amended to
read as follows:
Sec. 2.7-3 City clerk.
The city administrator is hereby appointed to serve as
the city clerk and shall have the powers and duties provided
for in the government code of the State of California.
SECTION 5: Code section 2.7-7, "Removal after municipal
election," has been superseded by section 6.2 of the City Charter
and said Code section 2.7-7 is hereby repealed.
SECTION 6: Article IV of Chapter 2 of the Code is
titled "Purchasing Department;" Code section 2.17 adopts a
purchasing system; and Code section 2.18 establishes a purchasing
department. Since the terms "purchasing system" and "purchasing
department" duplicate each other, and since a separate department
is not needed, the term "purchasing system" will be used.
Code section 2.20 provides that a purchasing agent will be
appointed subject to the city Clerk's supervision. On the other
hand, subsection (i) of Code section 2.8 already designates the
City Administrator as the City Council's purchasing agent.
Therefore, the Code is amended as set forth below.
(a) Article IV "Purchasing Department" of Chapter 2 of
the Code is retitled "Purchasing System."
(b) Code section 2.18, which provides for a purchasing
department, and Code section 2.20, which provides for appointment
of the purchasing agent, are hereby repealed.
(c) Code section 2.19 is amended to read as follows:
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1 Sec. 2.19. Purchasing system--city administrator to be
2 purchasing agent.
3 The city administrator shall be the purchasing agent and
4 shall have general supervision of the purchasing system.
5 (d) Code section 2.21 is amended so that the opening
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7 Sec. 2.21. Same--powers and duties generally.
8 The city administrator, as the purchasing agent, shall
9 have authority to: ...
10 (The balance of Code Section 2.21 shall remain unchanged.)
11 SECTION 7: Article IX, "Officers and Employees," of
12 Chapter 2 of the Code was adopted in anticipation of the Gann Fair
13 Pay Amendment to the California Constitution and was to take
14 effect only upon the passage of the proposed amendment. Since
15 said Amendment was not approved, said Article IX of Chapter 2
16 consisting of Code section 2.67 is hereby repealed.
17 SECTION 8: Code section 2.90 contains cross-references
18 to sections of the Elections Code that have been renumbered.
19 Therefore, Code section 2.90 is amended to read as follows:
20 Sec. 2.90 Appointment of council members in uncontested
21 elections.
22 Notwithstanding any other provision in the Elections
23 Code of the State of California, if no person or only one
24 person has been nominated for any elective office, the City
25 Council shall have until the 50th day prior to the municipal
26 election either to appoint such person to the office, or if
27 no person has been nominated, to appoint any eligible elector
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election, no such appointment has been made, then the
election shall be held.
SECTION 9: Article VI, "Fire Code," of Chapter 7 of the
Code, as stated in Code section 7.61, adopted the Uniform Fire
Code, 1991 Edition. But Code section 7.64 which made amendments
thereto mistakenly refers to the Uniform Fire Code, 1993 Edition.
Therefore, Code Section 7.64 is amended so that the opening clause
reads as follows:
Sec. 7.64. Amendments, additions, and deletions.
The Uniform Fire Code, 1991 Edition, is amended as
follows:
(The balance of Code section 7.64 shall remain unchanged.)
SECTION 10: Code section 15.49, "Revocation and
suspension of licenses--Hearing," was renumbered from section
15.37 by Ordinance No. 968. The code sections which followed
former section 15.37 pertain to the same subject matter and are
now out of sequence. Therefore, the Code is amended as set forth
below.
(a) Code sections 15.38, 15.39, and 15.40 are
renumbered to Code sections 15.50, 15.51, and 15.52, respectively.
(The vacated section numbers shall be reserved for future use.)
(b) The last sentence of subsection (e) of Code section
15.44 which reads, "No license shall be revoked except in the
manner provided for in sections 15.38 and 15.49 of the Code" is
amended to read as follows:
"No license shall be revoked except in the manner
provided for in sections 15.49 and 15.50 of this Code."
(c) The last sentence of subsection (e) of section
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1 15.45 which reads, IINo license shall be revoked except in a manner
2 provided for in sections 15.38 and 15.49 of the Code" is amended
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4 "No license shall be revoked except in the manner
5 provided for in sections 15.49 and 15.50 of this Code. II
6 SECTION 11: Any ordinance, part of an ordinance, or
7 code section in conflict with this Ordinance is hereby repealed.
8 SECTION 12: If any section, subsection, sentence,
9 clause, or phrase or word of this ordinance is for any reason held
10 to be void or unconstitutional, such decision shall not affect the
11 validity of the remaining portions of this ordinance; it being the
12 intention of the city Council of the City of Vernon to adopt and
13 pass this ordinance and each section, subsection, sentence, clause
14 or phrase thereof irrespective of the fact that one or more of the
15 sections, subsections, clauses, sentences or phrases thereof may
16 be declared void or unconstitutional.
17 SECTION 13: There being no newspaper printed, published
18 or circulated in the City of Vernon, the City Clerk is hereby
19 directed to certify to the passage of this ordinance and shall
20 post the same, or cause the same to be posted, within fifteen (15)
21 days after its passage in accordance with section 36933 of the
22 Government Code, in three (3) of the most public places in the
23 City of Vernon, to wit: the northwest corner of 38th Street and
24 Santa Fe Avenue, the northeast corner of Leonis Boulevard and
25 Pacific Boulevard, and on the bulletin board in the lobby of the
26 City Hall of said City, located at 4305 Santa Fe Avenue, all in
27 the City of Vernon, County of Los Angeles, State of California.
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SECTION 14: This ordinance shall be in full force and
2 effect thirty (30) days from and after its passage of the same.
3 APPROVED AND ADOPTED this 21st day of Novp.mhPTI 1995.
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ATT~ h //
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BRUCE V. MALKENHORST, City Clerk
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or
1 STATE OF CALIFORNIA )
)ss
2 COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 1035, was duly and regularly introduced at a regular
meeting of the City Council of the city of Vernon, held on
Tuesday, November 7, 1995, and thereafter finally adopted at a
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regular meeting of said City Council held on Tuesday,
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November 21
, 1995, and thereafter was duly signed by the Mayor of
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the City of Vernon, by the following vote:
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AYES: 5
Councilmen: Malburg, Ybarra, Davis,
McCormick, Gonzales
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NOES: 0
Councilmen: None
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ABSENT: 0
councilmen: None C <.,4 /' /. .
/ <. y~~~
BRUCE V. MALKENHORST, City Clerk
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(SEAL)
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