Ordinance No. 11211
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V�
ORDINANCE NO. 1121
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON REPEALING ARTICLE II, SECTIONS 2.6 THROUGH
2.9, AND ADDING NEW ARTICLE II, SECTIONS 2.6
THROUGH 2.9, OF CHAPTER 2 OF THE CODE OF THE CITY
OF VERNON, CALIFORNIA, 1959, AND AMENDING SECTIONS
2.19 AND 2.21 OF ARTICLE IV OF CHAPTER 2 RELATING
TO CITY ADMINISTRATION AND REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT THEREWITH
WHEREAS, the City of Vernon (the "City") is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
California; and
WHEREAS, Chapter 7.1 of the Charter of the City of Vernon
provides that an ordinance shall provide for the method of selection of
the city clerk, by appointment or election, and the duties and tenure of
the city clerk; and
WHEREAS, Vernon City Code Sections 2.7-3, 2.7-4 and 2.7-5
appoints the City Administrator to serve as the city clerk, the
municipal employee relations representative and the personnel director;
and
WHEREAS, Article II of Chapter 2 of the Vernon City Code
contains references to the City Administrator which need to be corrected
or clarified; and
WHEREAS, the City Council of the City of Vernon desires to
amend the Vernon City Code to revise Article II of Chapter 2 of the
Code to make the necessary changes regarding city administration.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
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�Ifinds and determines that the recitals contained hereinabove are true
(land correct.
SECTION 2: The City Council of the City of Vernon hereby
repeals Article II, Sections 2.6 through 2.9, of Chapter 2 of the
Vernon City Code.
SECTION 3: The City Council of the City of Vernon hereby
adds a new Article II, Sections 2.6 through 2.9, to Chapter 2 of the
Vernon City Code as set forth in Exhibit A which is attached hereto and
incorporated by reference.
SECTION 4: The City Council of the City of Vernon hereby
amends Sections 2.19 and 2.21 of Article IV of Chapter 2 of the Vernon
City Code as set forth in Exhibit B which is attached hereto and
incorporated by reference.
SECTION 5: Any ordinance, part of an ordinance, or code
section in conflict with this Ordinance is hereby repealed.
SECTION 6: If any section, subsection, sentence, clause,
phrase or word of this Ordinance is for any reason held to be void or
unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance; it being the intention of the
City Council of the City of Vernon to pass and adopt this Ordinance and
each section, subsection, sentence, clause or phrase thereof
irrespective of the fact that one or more of the sections, subsections,!
clauses, sentences or phrases thereof may be declared to be invalid or
unconstitutional.
SECTION 7: There being no newspaper printed, published or
circulated in the City of Vernon, the City Clerk is hereby directed to
certify to the passage of this Ordinance and shall post the same, or
cause the same to be posted, within fifteen (15) days after its passage
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in accordance with Section 36933 of the Government Code, in three (3)
of the most public places in the City of Vernon, to wit: the northwest
corner of 38th Street and Santa Fe Avenue, the northeast corner of
Leonis Boulevard and Pacific Boulevard, and on the bulletin board
located outside on the wall near the second floor entrance to the City
Hall of said City, located at 4305 Santa Fe Avenue, all in the City of
Vernon, County of Los Angeles, State of California.
SECTION 8: This Ordinance shall be in full force and effect
thirty (30) days from and after its passage of the same.
APPROVED AND ADOPTED this day of July, 2006.
tEONIS C. MALEWRG, 14ayor
ATTES
BRUCE V. MALKENHORST, JR.
Acting City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Ordinance, being Ordinance
No. 1121 was duly and regularly introduced at a regular meeting of the
City Council of the City of Vernon, held on Wednesday, July 5, 2006,
and thereafter finally adopted at a regular meeting of the City Council
held on Wednesday, July 19, 2006, and thereafter was duly signed by the
Mayor of the City of Vernon, by the following vote:
(SEAL)
AYES: Councilmen: Mayor Malburg, Ybarra, Davis,
Gonzales, McCormick
NOES: Councilmen: None
ABSTAINED: Councilmen: None
ABSENT: Councilmen: None
BRUCE V. MALKENHORST, JR.
Acting City Clerk
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EXHIBIT
1 EXHIBIT "A"
2 CHAPTER 2. ADMINISTRATION
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4 ARTICLE II. City Administration.
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6 Sec. 2.6. City administrator - purpose.
7 The city council finds and determines that the administrative
8 affairs of the municipal government of the city will be handled more
9 expeditiously, efficiently, and satisfactorily if the city
10 administrator, acting on behalf of the council, will attend to
11 necessary administrative affairs, will correlate and coordinate
12 various municipal activities, will compile data, will prepare reports
13 relating to the affairs of city government, and will generally act as
14 the agent of the council in the discharge of administrative duties.
15 Sec. 2.6-1. City administrator qualifications.
16 The city administrator shall be selected by the city council.
17 Sec. 2.6-2. Compensation and expenses.
18 The city administrator shall receive such compensation and
19 expense allowances as the council shall, from time to time, determine,
20 and such compensation and expenses shall be a proper charge against
21 such funds of the city as the council shall designate.
22 The city administrator shall be reimbursed for all sums
23 necessarily incurred or paid by him in the performance of his duties,
24 or incurred when traveling on business pertaining to the city under
25 the direction of, or with the express consent, of the council.
26 Reimbursement shall be made only in accordance with an itemized claim
27 setting forth the sums expended or obligations incurred in the manner
28 provided by the council for the presentation of claims for
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reimbursement of expenses of other city officers and employees.
ISec. 2.6-3.
Absence.
In case of the absence or disability of the city administrator,
the city council may designate some duly qualified person to perform
the duties of the city administrator during the period of absence or
disability of the city administrator, subject, however, to any
conditions that the city council deems appropriate.
Sec. 2.6-4. Bond.
The city administrator shall, before entering upon the duties of
This office, give a good and sufficient corporate surety bond to the
city in such an amount and form as shall be approved by the city
attorney and as required by any law of the state or of the city. Such
bond shall be conditioned upon the faithful performance and discharge
of his duties and for the proper application and payment of all money
or property coming into his hands by virtue of his office. A general
bond covering more than one officer or employee of the city shall
suffice if it meets the requirements set forth in this section. The
premium of such bond shall be paid by the city.
Sec. 2.6-5. Standards of performance.
In the discharge of his duties, the city administrator shall
endeavor at all times to exercise the highest degree of tact,
patience, and courtesy in his contacts with the public, with the
council, and with all city commissions, boards, departments, offices,
and employees and shall use his best efforts to establish and maintain
a harmonious relationship among all personnel employed in the
government of the city to the end that the highest possible standard
of public service shall be continuously maintained.
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Sec. 2.6-6. Powers and duties.
The city administrator shall be the administrative head of the
government of the city, under the direction and control of the
council. He shall be responsible for the efficient administration of
fall of the affairs of the city which affairs are under his control.
In addition to his general powers as administrative head, and not as a
limitation thereon, he shall have the following powers and duties:
(a) General supervision. To execute on behalf of the council its
administrative supervision and control of such affairs of the city as
may be placed in his charge, or which are not otherwise provided for
by the council and to exercise control over and to supervise in
general all departments and divisions of the city government and all
appointive officers and employees thereof. The city council reserves
the right to modify, amend or supersede any such action taken by the
city administrator.
(b) Enforcement. To see that the laws of the State of
California pertaining to the city, and all laws and ordinances of the
city are duly enforced and that all franchises, permits and privileges
granted by the city are faithfully observed.
(c) Personnel and organization. To administer, supervise and
enforce all personnel resolutions, ordinances, minute orders and
policies of the city council and to recommend to the council such
reorganization of officers, departments or divisions as may be
indicated in the interests of the efficient, effective, and economical
conduct of the city's business, and to effect such reorganization when
authorized by appropriate ordinance, resolution or motion of the
council and to administer and supervise all personnel testing,
examination, and other department heads' recommendations relating to
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(dismissal, suspension, and discipline of officers and employees within
their respective departments.
(d) Rules and regulations. To preserve such rules, regulations,
and policies as the city council shall deem necessary or expedient for
the conduct of administrative services, and to revoke, suspend or
amend any rule, regulation or policy established by any officer,
department head, or other person in the administrative services. The
city council reserves the right to modify, amend or supercede any such
action taken by the city administrator.
(e) Compensation plan. To prepare and to recommend to the
council, from time to time, desirable revisions of the compensation
plan of the city.
(f) Assist the council. To attend meetings of the council and
its committees and to report upon and discuss any matter concerning
the affairs of the departments, services or activities under his
supervision upon which, in his judgment, the council should be
informed, or upon which his views or opinions are requested by the
council.
(g) Carry out council decisions. To carry out, on behalf of the
council, its policies, rules, regulations and laws relating to the
administration of the affairs of the city, its departments, divisions,
and services.
(h) Budget. To supervise the preparation of a detailed,
proposed municipal budget and submit the same to the council before
the 15th day of May of each year, and to offer his recommendations as
to such increases, decreases, cancellations, transfers, or changes in
any of the items included in the proposed budget as in his judgment
should be made before adoption of the final budget; to be responsible
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1 for the administration of the budget after its final adoption; and to
2 keep the council informed with respect thereto.
3 (i) Purchasing. As agent for the council to exercise the power
4 of approval or rejection of expenditures for all departments,
5 divisions, services and officers of the city government in accordance
6 with the municipal budget adopted by the council.
7 (j) Recommendations to the council. To recommend to the council
8 for adoption such measures and ordinances as he deems necessary or
9 expedient.
10 (k) Studies and reports. To make such surveys, studies,
11 reports, and recommendations as he may deem desirable on any matter
12 affecting the interests of the people or city as budgeted or as may be
13 requested by the council.
14 (1) Council agenda. To prepare the agenda for all regular,
15 special, or adjourned meetings of the council in accordance with the
16 laws establishing rules for council meetings.
17 (m) Mail. To receive and open all mail addressed in whole or in
18 part to the council, or to the mayor or to the mayor pro tem by title
19 only, and to give immediate attention thereto to the end that all
20 administrative business referred to in such communications, and not
21 necessarily requiring action by the council, may be disposed of in an
22 expeditious manner; provided, however, all actions taken pursuant to
23 such communications shall be reported to the council at its next
24 regular meeting thereafter, or by separate communication to each
25 member of the council.
26 (n) Financial conditions. To keep the council at all times
27 fully advised as to the financial conditions and needs of the city.
28 (o) Investigations. To make investigations into the affairs of
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the city in any department or division thereof and any contract or the
proper performance of any obligation running to the city.
(p) Full-time duties. To devote his entire time to the duties
and interests of the city.
(q) Duty of other officers. It shall be the duty of all other
officers including the city clerk, the city treasurer, and the city
attorney to cooperate with and assist the city administrator in
administering the affairs of the city most efficiently, economically,
and harmoniously so far as may be consistent with their duties as
prescribed by law and this Code.
(r) Other powers and duties. To perform such other duties and
exercise such other powers as are necessarily incident to the powers
set forth in this section or as may be assigned or delegated to him,
from time to time, by action of the council.
Sec. 2.6-7. Limitations imposed.
The city administrator shall not attempt to establish general
policy which it is the province of the council to determine, nor shall
he commit or bind the council or any member thereof to any action,
plan, or program requiring official council action. It is not
intended by the provision of this chapter to grant any authority to,
or impose any duty upon, the city administrator which is now or
hereafter may be vested in or imposed by general state law on the
mayor, city councilmen, or any other city commission, department,
officer, or employee.
Sec. 2.7. City clerk.
The City Council of the City of Vernon shall appoint and establish
tenure of a city clerk by resolution.
The city clerk shall have the powers and duties provided for under
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the laws of the State of California, the Government Code of the State
of California and such other powers and duties as prescribed by
resolutions or ordinances adopted by the City Council.
Sec. 2.8. Municipal employee relations representative.
The City Council of the City of Vernon shall appoint the municipal
employee relations representative (MERR) by resolution. The MERR shall
serve in said capacity and shall be responsible for the performance of
all duties and obligations provided for in Resolution No. 4027, and in
addition thereto, shall be in accordance with city council policy and
direction, and be responsible for all of the labor relations for the
city.
Sec. 2.9. Personnel director.
The City Council of the City of Vernon shall appoint the personnel
director of the city by resolution.
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EXHIBIT
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EXHIBIT "B"
CHAPTER 2. ADMINISTRATION
ARTICLE IV. Purchasing System.
Sec. 2.19. Purchasing system purchasing agent.
The City Council of the City of Vernon shall appoint the
purchasing agent of the city by resolution. The purchasing agent shall
have general supervision of the purchasing system.
Sec. 2.21. Same —Powers and duties generally.
The purchasing agent shall have authority to:
(The balance of Code Section 2.21 shall remain unchanged.)
E1
SUPPORTING
DOCUMENTS
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, Sergio Canales, Engineering Aide, of the City of Vernon do hereby
certify that on the 20th day of July 2006, I did post three (3) copies
of:
ORDINANCE NO. 1121 - An Ordinance of the City Council
of the City of Vernon Repealing Article II, Sections 2.6
Through 2.9, of Chapter 2 of the Code of the City of Vernon,
California, 1959, and Amending Sections 2.19 and 2.21 of
Article IV of Chapter 2 Relating to City Administration and
Repealing All Ordinances or Parts of Ordinances in Conflict
Therewith.
On each of the following places, to wit: on the bulletin board outside
the main entrance to the City Hall of the City of Vernon located at
4305 Santa Fe Avenue; at the northwest corner of 38tn Street and Santa
Fe Avenue; the northeast corner of Leonis Blvd., and Pacific Blvd.,
all in said City, there being no newspaper of general circulation
printed and published i e City of Vernon.
Date:
e io Canales
Engineering Aide
State of California )
) ss
County of Los Angels)
On before me, Manuela Giron
per nal y appeared Sergio Canales
personally known to me (
�) to be the persons-) whose name(-s) is/tee subscribed to the
instrument and acknowledged to me that he/s-�y executed the
same in his/hi authorized capacity, and that by his/her ,'t' �i=
signature(--) on the instrument the person(-s-), or the entity upon
behalf of which the person(,&-) acted, executed the instrument.
WI ESS my hand and official seal
Commissb
MAMlo—n 61RON
n # 1611388 I
Notary Public - California
Los Angeles County
14P,MY Comm. Expires Nov 4, 2009
CERTIFICATE
STATE OF CALIFORNIA )
SS
COUNTY OF LOS ANGELES)
I, Manuela Giron, Deputy City Clerk of the City of Vernon,
County of Los Angeles, State of California, hereby certify that
the attached is a full and complete copy of:
ORDINANCE NO. 1121 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF VERNON REPEALING ARTICLE II,
SECTIONS 2.6 THROUGH 2.9, AND ADDING NEW ARTICLE
II, SECTIONS 2.6 THROUGH 2.9, OF CHAPTER 2 OF THE
CODE OF THE CITY OF VERNON, CALIFORNIA, 1959, AND
AMENDING SECTIONS 2.19 AND 2.21 OF ARTICLE IV OF
CHAPTER 2 RELATING TO CITY ADMINISTRATION AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT THEREWITH
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official Seal of the City of Vernon, County of Los Angeles,
State of California, on this 20th day of July 2006.
SEAL:
Manuela Giron
Deputy City Clerk