Ordinance No. 1126A
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ORDINANCE NO. 1126
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING VARIOUS SECTIONS OF THE CODE OF THE
CITY OF VERNON, CALIFORNIA, 1959, PERTAINING TO THE
CITY ADMINISTRATOR; ADDING ARTICLE X, SECTIONS 2.69
AND 2.69-1, TO CHAPTER 2 OF SAID CODE; 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, Vernon City Code Sections 2.3(c), 2.4(c), 2.6-6(a),
5.39(e), 5.65, 5.85(a) through (f), 5.86(h) through the end of the
section, 5.87(b), (c), and (e), 5.88(b) and (e) through (g), 5.89(a)
through (f), 5.90(a)(1), (a)(2) and (b) through (d), 5.91, 5.92(i),
(p) (2) , (w) (1) and (2) , 5. 95 (b) , 7.28, 8 . 7, 10. 5, 12. 40, 12. 45, 12. 49,
12.50(b) and 26.6.5(c) provide for actions to be taken by the City
Administrator; and
WHEREAS, certain additions and amendments to the Vernon City
Code are needed to implement and clarify the reorganization of
departments within the City and the appointment of a City Administrator;
and
WHEREAS, Chapter 4.1(f) and (h) of the Charter of the City of
Vernon provides that an ordinance shall amend a code or repeal any
ordinance or code previously adopted.
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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11finds and determines that the recitals contained hereinabove are true
(land correct.
SECTION 2: The City Council of the City of Vernon hereby
amends Chapter 2 of the Vernon City Code by adding Article X, City
Department Organization, and Sections 2.69 and 2.69-1 of said Code as
set forth in Exhibit A which is attached hereto and incorporated by
IIreference.
SECTION 3: The City Council of the City of Vernon hereby
amends Sections 2.3(c), 2.4(c), 2.6-6(a), 5.39(e), 5.65, 5.85(a)
through (f), 5.86(h) through the end of the section, 5.87(b), (c), and
(e), 5.88(b) and (e) through (g), 5.89(a) through (f), 5.90(a)(1),
(a) (2) and (b) through (d) , 5. 91, 5. 92 (i) , (p) (2) , (w) (1) and (2) ,
5.95(b), 7.28, 8.7, 10.5, 12.40, 12.45, 12.49, 12.50(b) and 26.6.5(c)
of the Vernon City Code as set forth in Exhibit B which is attached
hereto and incorporated by reference.
SECTION 4: Any ordinance, part of an ordinance, or code
section in conflict with this Ordinance is hereby repealed.
SECTION 5: 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 6: There being no newspaper printed, published or
circulated in the City of Vernon, the City Clerk is hereby directed to
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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
in accordance with Section 36933 of the Government Code, as well as
Vernon Code Sections 1.9 and 1.10, 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 7: This Ordinance shall be in full force and effect
thirty (30) days from and after its passage of the same.
APPROVED AND ADOPTED this 20th day of December, 2006.
ATTEST:
,1
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 Cityof
Vernon, do hereby certify that the foregoing Ordinance, being Ordinance
No. 1126, was duly and regularly introduced at a regular meeting of then
City Council of the City of Vernon, held on Wednesday, December 13,
2006, and thereafter finally adopted at a regular meeting of the City
Council held on Wednesday, December 20, 2006, and thereafter was duly
signed by the Mayor Pro-Tem of the City of Vernon, by the following
vote:
(SEAL)
AYES: Councilmen: Mayor Pro-Tem Ybarra, Davis,
Gonzales, McCormick
NOES: Councilmen: None
ABSTAINED: Councilmen: None
ABSENT: Councilmen: Mayor Mal rg
BRUCE XV. MALKENHORST, JR.
Acting City Clerk
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EXHIBIT
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EXHIBIT "A"
CHAPTER 2. ADMINISTRATION
ARTICLE X. City Department Organization.
Sec. 2.69. Departments.
The City shall have the following departments:
(a) City Administration.
(b) City Clerk Department
(c) City Council Department.
(d) Community Services Department. '
(e) Finance Department.
(f) Fire Department.
(g) Gas Municipal Utility Department.
(h) Health & Environmental Control Department.
(i) Light & Power Department.
(j) Office of the City Attorney/Public Prosecutor.
(k) Office of the Treasurer.
(1) Personnel Department.
(m) Police Department.
(n) Risk Management Department.
(o) Water Department.
Sec. 2.69-1. Department Heads.
The following department heads shall report directly to the City
Council and not to the City Administrator:
City Attorney
City Treasurer
Director of Health & Environmental Control
Director of Personnel
Finance Director
A-1
EXHIBIT
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EXHIBIT "B"
Sec. 2.3. Public benefits resource committee.
(c) The city administrator for the City of Vernon, or his
designee, shall be the secretary for said Committee and shall perform
all secretarial duties relating thereto.
Sec. 2.4. Subcommittee of the Finance Committee.
(c) The city administrator for the City of Vernon, or his
designee, shall be the secretary of said subcommittee and shall perform
all secretarial duties relating thereto.
Sec. 2.6-6. 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. The city council reserves the right to modify, amend or
supersede any such action taken by the city administrator.
Sec. 5.39. Lead -acid battery recycling facilities.
(e) As an alternative to the procedure for calculating the
business license tax contained in Sections 5.39(a), (b) and (c), above,
the applicant may, for reasons of administrative convenience, request
that the city establish a flat annual business license tax based upon the
applicant's verified estimate of annual tonnage for the calendar year,
multiplied by the per -ton amount contained in Section 5.39(a). The city
administrator, or his designee, may grant or deny such request in his
sole discretion. If the applicant disagrees with any decision of the
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city administrator, or his designee, made hereunder, an appeal may be
taken to the city council.
Sec. 5.65. Motion picture production.
Every person conducting, managing or carrying on the business of
taking or producing one or more commercial motion pictures or commercial
television videotapes in the city shall obtain a filming permit pursuant
to guidelines prepared by the city administrator, or his designee, and
approved by the city council and shall pay the fees for location and
services established for each day of production in the city. Any person
operating or managing a motion picture or television studio in the city
shall require that a production company using such studio obtain a
filming permit and pay the required fee, or such studio operator or
manager shall pay such fees and shall be liable for any costs or damages
incurred for failing to obtain the necessary filming permit. Such fees
shall be set by resolution of the city council.
Sec. 5.85. Investigation and action on application for an adult or
sexually oriented business permit.
(a) The city administrator, or his designee, shall determine
whether the application for an Adult or Sexually Oriented Business
permit contains all of the information required by the provisions of
this article. If it is determined that the application is not
complete, the applicant shall be sent a notice in writing within ten
(10) business days after the date of receipt of the application that
the application is not complete and the reasons therefor. The
applicant shall have thirty (30) calendar days from the date of the
notice to submit additional information to render the application
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complete. The applicant's failure to submit the additional information
within the time period renders the application null and void. Within
five (5) business days following the receipt of a supplemental or
amended application, the city administrator, or his designee, shall
again determine whether the application is complete. Evaluation and
notification shall occur as provided above until such time as the
application is found to be complete. Once the application is found to
be complete, the applicant shall be notified within five (5) business
days of that fact. If an applicant submits two (2) consecutive
incomplete applications, the applicant shall be notified in writing
that a new application must be filed with the city administrator as set
Ilforth herein.
(b) Upon receipt of a completed application and payment of the
filing fee, the City Administrator, or his designee, shall immediately
stamp the application as received, and issue a temporary permit to the
applicant, which shall be valid for thirty (30) business days after the
date of issuance, unless earlier terminated by the denial or the Adult
or Sexually Oriented Business permit. The issuance of a temporary
permit does not relieve the applicant of the need to obtain any other
City license or permit, such as a Certificate of Occupancy or
conditional use permit, if required.
(c) The city administrator, or his designee, shall promptly
investigate the information contained in the application to determine
whether the applicant shall be issued an Adult or Sexually Oriented
Business permit. As part of this investigation, the city administrator,,
or his designee, shall promptly send photocopies of the completed
application to the Police Chief of the City of Vernon, and any other
City departments or other agencies responsible for enforcement of
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health, fire and building codes and laws within the City. Each
department or agency shall promptly investigate the applicant,
application and proposed Adult or Sexually Oriented Business in
accordance with its responsibilities under law and as set forth in this
article, which investigation shall be completed prior to the expiration
of the thirty (30) day time period set forth in subsection (d) below.
At the conclusion of such investigation, each department or agency
shall indicate on the photocopy of the application its approval or
disapproval of the application, date it, sign it, and, in the event it
disapproves, state the reasons therefor and return the photocopy
immediately to the City Administrator. A department or agency shall
only disapprove an application if it finds the proposed Adult or _
Sexually Oriented Business will violate any provision of any statute,
code, ordinance, regulation or other law in effect in the City. The Los
Angeles County Sheriff's office shall only be asked by the Vernon
Police Department to certify the records request check and shall not be
required to approve or disapprove applications. In no event shall the
temporary permit issued pursuant hereto constitute or grant a right to
the applicant to operate an Adult or Sexually Oriented Business in
violation of Section 5.82 and Chapter 26 of the Code or in violation of
any other zoning, building and safety, or business licensing provisions
of the Code.
(d) Within thirty (30) days of receipt of the completed
application, the city administrator, or his designee, shall complete
Ithe investigation, grant or deny the application in accordance with the)
provisions of this section, and so notify the applicant as follows:
(1) The city administrator, or his designee, shall write or
stamp "Granted or "Denied" on the application and date and sign such
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Ilnotation.
(2) If the application is denied, the city administrator, or
his designee, shall attach to the application a statement of the
reasons for denial.
(3) If the application is granted, the city administrator,
or his designee, shall attach to the application an Adult or Sexually
10riented Business permit.
(4) The application as granted or denied and the permit, if
any, shall be placed in the United States mail, first class postage
prepaid, addressed to the applicant at the address stated in the
application. All notices given hereunder shall be deemed given upon
the date they are deposited in the U.S. mail or the date upon which
personal service is provided.
(e) The city administrator, or his designee, shall grant the
application and issue the Adult or Sexually Oriented Business permit
upon findings that the proposed business meets the location criteria of
Section 26.6.3 and the applicant has met all of the development and
performance standards and requirements of Section 5.92 unless the
application is denied for one or more of the reasons set forth in
Section 5.86 The permittee shall post the permit conspicuously in the
Adult or Sexually Oriented Business premises so that it may be easily
read at any time by persons entering the Adult or Sexually Oriented
Business.
(f) If the city administrator, or his designee, grants the
application or if the city administrator, or his designee, neither
grants nor denies the application within thirty (30) days after it is
stamped as received (except as provided in Section 5.85(a)), the
applicant may begin operating the Adult or Sexually Oriented Business
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1 for which the permit was sought, subject to strict compliance with the
2 development and performance standards in Section 5.92 and other
3 applicable requirements of this Code. The applicant's ability to begin
4 operating under this subsection does not relieve the applicant of the
5 need to obtain any other City license or permit, such as a Certificate
6 of Occupancy or conditional use permit, if required.
7 (g) Permittees shall have a continuing duty to promptly
8 supplement the Adult or Sexually Oriented Business permit application
9 information required by this article in the event that said information
10 changes in any way from what is stated on the "Application for Adult or
11 Sexually Oriented Business Permit". The failure to comply with said
12 continuing duty within thirty (30) days from the date of such change,
13 by supplementing the "Application for Adult or Sexually Oriented
14 Business Permit" on file with the city administrator, under the penalty
15 of perjury, shall be grounds for revocation of the permit.
16 Sec. 5.86. Adult or sexually oriented business permit denial.
17 The city administrator, or his designee, shall deny the
18 application for any of the following reasons:
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(h) The
applicant has been
convicted of a criminal act specified
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in Section 5.84(k),
for which:
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(1)
Less than two (2)
years have elapsed since the date of
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conviction or
the date of release
from confinement, whichever is the
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later date, if
the conviction is
of a misdemeanor offense for the
25 specified criminal act, or
26 (2) Less than five (5) years have elapsed since the date of
27 conviction or the date of release from confinement, whichever is the
28 later date, if the conviction is of a felony offense for the specified
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criminal act, or
(3) Less than five (5) years have elapsed since the date of
conviction or the date of release from confinement, whichever is the
later date, if the convictions are of two (2) or more misdemeanors for
the specified criminal acts occurring within any 24-month period.
The fact that a conviction is being appealed shall have no effect
on disqualification of the applicant.
If the city administrator, or his designee, denies the
application, he or she shall notify the applicant of the denial and
state the reasons for the denial.
If a person applies for an Adult or Sexually Oriented Business
permit for a particular location within a period of 12 months from the
date of denial of a previous application for a permit at the location,
and there has not been an intervening change in the circumstances which
could reasonably be expected to lead to a different decision regarding
the former reasons for denial, the application shall be denied.
ISec. 5.87. Transfer and renewal of adult or sexually oriented
business permits.
(b) A permittee shall not transfer ownership or control of an
Adult or Sexually Oriented Business permit to another person unless and
until the transferee obtains an amendment to the Adult or Sexually
Oriented Business permit from the City Administrator stating that the
transferee is now the permittee. Such an amendment may be obtained
only if the transferee files an application with the City Administrator
in accordance with Sections 5.83 and 5.84, accompanies the application
with a transfer fee in an amount set by resolution of the City Council,
and the city administrator, or his designee, determines in accordance
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W.
lwith Section 5.85 that the transferee would be entitled to the issuance
of an original permit under the ordinances and regulations which were
in effect as of the time of the initial issuance of the original Adult
or Sexually Oriented Business permit. Notwithstanding the foregoing,
to the extent the Adult or Sexually Oriented Business is operating as a
legal nonconforming use, an amendment to the permit shall not extend
the legal nonconforming status of such business beyond the amortization
period, if any, applicable to the Adult or Sexually Oriented Business
unless such amortization period is extended pursuant to any local
ordinance or regulations in effect as of the time of the extension
request.
(c) No Adult or Sexually Oriented Business permit may be
transferred when the city administrator, or his designee, has notified
Ithe permittee that the permit has been or may be suspended or revoked.
(e) Each Adult or Sexually Oriented Business permit shall expire
one (1) year from the date of issuance, and may be renewed only by
filing with the city administrator a written request for renewal,
accompanied by the filing fee as established from time to time by the
City Council, and a copy of the Adult or Sexually Oriented Business
permit to be renewed. The request for renewal should contain a
discussion of any changes in configuration or operation that have
occurred at the Adult or Sexually Oriented Business within the past
year. The request for renewal shall be made at least thirty (30) days
before the expiration date of the Adult or Sexually Oriented Business
permit. Applications for renewal shall be acted on as provided herein
for action upon applications for Adult or Sexually Oriented Business
permits as set forth in Section 5:85. If the city administrator, or
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his designee, determines that there has been no change in the
configuration or operation of the permitted Adult or Sexually Oriented
Business which would call into question the continued satisfaction of
all requirements of this article, the permit shall be renewed. If the
city administrator, or his designee, determines that there has been
such a change in the configuration or operation of the Adult or
Sexually Oriented Business, the city administrator, or his designee,
may require the permittee to submit a complete new permit application
pursuant to Section 5.84. In such event, and to the extent the request
for renewal has been submitted at least thirty (30) days prior to the
expiration of the permit, the expiration of the existing Adult or
Sexually Oriented Business permit shall be stayed pending a decision on
the new permit application. When made less than thirty (30) days
before the expiration date, the expiration of the permit will not be
(stayed.
(Sec. 5.88. Adult or Sexually Oriented Business employee permit.
(b) The city administrator, or his designee, shall grant, deny
land renew Adult or Sexually Oriented Business employee permits.
(e) Upon receipt of an Application for Adult or Sexually Orientedi
Business Employee Permit and payment of the application fees, the city
administrator, or his designee, shall immediately stamp the application
as received, issue a temporary permit to the applicant which shall be
valid for fifteen (15) days, unless earlier terminated by the denial of
the Application for Adult or Sexually Oriented Business Employee
Permit, and promptly investigate the application.
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(f) If the city administrator, or his designee, determines that
the applicant has completed the Application for Adult or Sexually
Oriented Business Employee Permit improperly or the Application for
Adult or Sexually Oriented Business Employee Permit is otherwise
incomplete, the city administrator, or his designee, shall notify
applicant of such fact within ten (10) business days of the date of
receipt of the Application for Adult or Sexually Oriented Business
Employee Permit, including the reasons the application is not complete.
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The city administrator, or his designee, shall, in such event, grant
the applicant an extension of time of ten (10) days to complete the
application properly. In addition, the applicant may request an
extension, not to exceed ten (10) days, of the time for the city
administrator, or his designee, to act on the application. The time
period for granting or denying a permit shall be stayed during the
period in which the applicant is granted an extension of time.
(g) Each Adult or Sexually Oriented Business employee permit
shall expire one (1) year from the date of issuance, and may be renewed
only by filing with the City Administrator a written request for
renewal, accompanied by the filing fee as established from time to time
by the City Council, and a copy of the Adult or Sexually Oriented
Business employee permit to be renewed. The request for renewal shall
be made at least thirty (30) days before the expiration date of the
Adult or Sexually Oriented Business employee permit. Applications for
renewal shall be acted on as provided herein for action upon
applications for Adult or Sexually Oriented Business employee permits
as set forth in Section 5.89. If the city administrator, or his
designee, determines that there has been no change in the facts upon
which the permit was issued which would call into question the
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continued satisfaction of all requirements of this article, the permit
shall be renewed. If the city administrator, or his designee,
determines that there has been such a change, the permittee may be
required to submit a complete new permit application pursuant to this
section. In such event, and to the extent the request for renewal has
been submitted at least thirty (30) days prior to the expiration of the
permit, the expiration of the existing permit shall be stayed pending a
decision on the new permit application. When made less than thirty
(30) days before the expiration date, the expiration of the permit will
not be stayed.
Sec. 5.89. Investigation and action on application for an Adult or
Sexually Oriented Business Employee Permit.
(a) Within fifteen (15) days after receipt of the properly
completed Application for Adult or Sexually Oriented Business Employee
Permit, the city administrator, or his designee, shall grant or deny
the application and so notify the applicant as follows:
(1) The city administrator, or his designee, shall write or
stamp "Granted" or "Denied" on the Application for Adult or Sexually
Oriented Business Employee Permit and date and sign such notation.
(2) If the Application for Adult or Sexually Oriented
Business Employee Permit is denied, the city administrator, or his
designee, shall attach to the application a statement of the reasons
for denial.
(3) If the Application for Adult or Sexually Oriented
Business Employee Permit is granted, the city administrator, or his
designee, shall attach to the Application for Adult or Sexually
Oriented Business Employee Permit an Adult or Sexually Oriented
Business employee permit.
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(b) The city administrator, or his designee, shall grant the
Application for Adult or Sexually Oriented Business Employee Permit and
issue the permit unless the application is denied for one or more of
the reasons set forth in subsection c of this section.
(c) The city administrator, or his designee, shall deny the
Application for Adult or Sexually Oriented Business Employee Permit for
any of the following reasons:
(d) The Adult or Sexually Oriented Business Employee Permit, if
granted, shall state on its face the name of the person to whom it is
granted and the expiration date. The city administrator, or his
designee, shall provide each person issued an Adult or Sexually
Oriented Business employee permit with an identification card
containing the name, address, photograph, and permit number of the
1permittee.
(e) Both the permit and identification card shall be available
for inspection at all times during which the permittee is on the
premises of the Adult or Sexually Oriented Business. The employee
working on the premises pursuant to Section 5.89(f) shall possess a
receipt showing the employee has paid the filing fees for the permit,
in lieu of possessing the permit and identification card.
(f) If the city administrator, or his designee, neither grants
nor denies a completed Application for Adult or Sexually Oriented
Business Employee Permit, for which the filing fees have been paid,
within fifteen (15) business days after its receipt, the applicant may
begin the employment for which the Adult or Sexually Oriented Business
Employee Permit is sought, subject to strict compliance with the
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development and performance standards in Section 5.92 and the
regulations and other provisions of Article VI of Chapter 26.
Sec. 5.90. Suspension or revocation of Adult or Sexually Oriented
Business regulatory permits.
(1) On determining that grounds for permit suspension or
revocation exist, the city administrator, or his designee, shall
furnish written notice of the proposed suspension or revocation to the
permittee. Such notice shall set forth the time and place of a hearing
to be conducted by the city administrator, or his designee, or
appointed hearing officer, and the ground or grounds upon which the
hearing is based, the pertinent sections of this Code, and a brief
statement of the factual matters in support thereof. The notice shall
be mailed, postage prepaid, addressed to the last known address of the
permittee, or shall be delivered to the permittee personally, at least
ten (10) working days prior to the hearing date. Hearings shall be
conducted in accordance with procedures established by the City
Council, but at a minimum shall adhere to the provisions of subsection
1 (2) .
(2) The applicant has the right to offer testimonial,
documentary, and tangible evidence bearing on the issues and may be
represented by counsel. Any relevant evidence may be admitted that is
the sort of evidence upon which reasonable persons are accustomed to
rely in the conduct of serious affairs. Any hearing under this section
may be continued for a reasonable time for the convenience of a party
or a witness. The decision of the city administrator, or his designee,
or hearing officer may be appealed in accordance with Section 5.91.
B-13
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(b) The city administrator, or his designee, shall suspend a
permit for a period not to exceed thirty (30) days if it is determined,
following notice to the permittee and a hearing as set forth above,
that the permittee or an employee of a permittee has violated or is not
in compliance with any section of this article, or has refused to allow
an inspection of the Adult or Sexually Oriented Business premises as
authorized by this article.
(c) The city administrator, or his designee, shall revoke a
permit if it is determined, following notice to the permittee and a
hearing as set forth above, that any of the following conditions
arising from the acts or omissions of the permittee, or an employee,
agent, partner, director, stockholder, or manager of an Adult or
Sexually Oriented Business, has occurred:
(d) After holding the hearing in accordance with the provisions
of this section, if the city administrator, or his designee, or
appointed hearing officer, finds and determines that there are grounds
for disciplinary action, based upon the severity of the violation, the
city administrator, or his designee, shall impose one of the following:
Sec. 5.91. Appeal of denial, suspension or revocation.
All decisions of the city administrator, or his designee, or
appointed hearing officer, to issue, renew, deny, suspend or revoke a
permit issued pursuant to this article are final unless appealed in
jaccordance herewith.
An applicant or permittee may appeal a decision by the city
administrator, or his designee, or appointed hearing officer, to deny
an application for, or to revoke or suspend, an Adult or Sexually
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Oriented Business permit or Adult or Sexually Oriented Business
employee permit by filing a request for an appeal with the city clerk.
Such an appeal shall be filed in writing within ten (10) days of
service of the decision of the city administrator, or his designee, or
hearing officer. A hearing by the City Council on such appeal shall be
scheduled for the first available regular meeting of the City Council
for which proper notice can be given, but in no event shall such
hearing occur more than thirty (30) days after the appeal is filed. The
City Council shall make a decision on the appeal within five (5)
working days of the meeting at which the hearing is held. The City
Council's decision shall contain findings of fact on the matter
submitted to it for consideration. The written findings of fact shall
fairly disclose the City Council's findings on all material points in
the appeal and at the hearing. The City Council's written decision
shall be mailed to the appellant within five (5) business days after
the decision is finalized.
After any denial, or a suspension or revocation, the applicant or
permittee may seek prompt judicial review of such decision in any court
of competent jurisdiction as provided by law, and specifically as
provided by California Code of Civil Procedure Section 1094.8. The
City shall make all reasonable efforts to expedite judicial review.
If the City denies an initial or renewal application and the
aggrieved applicant commences a legal action to determine the validity
of the denial, then the City shall issue a temporary permit. This
temporary permit shall remain in effect only until the court in which
Ithe action is pending renders a judicial decision on an application fort
temporary restraining order, a motion for preliminary injunction, or
other form of judicial review, whichever is earliest, as to the
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propriety of the denial.
If the City revokes, or suspends an existing permit, and the
aggrieved applicant or the permittee commences a legal action to
determine the validity thereof, the City's revocation or suspension of
the permit will be stayed pending a judicial decision on the propriety
of the revocation or suspension, based upon an application for
temporary restraining order, a motion for preliminary injunction or
other form of judicial review, whichever is earliest.
Any temporary permit issued pursuant to this article shall not
grant any vested rights on the holder of the temporary permit, nor
shall it grant a right to the holder to operate or serve as an employee
in an Adult or Sexually Oriented Business which is in violation of
(Sections 5.82 or 5.92 of this article or in violation of any other
zoning, building and safety, or business licensing provisions of this
Code.
Sec. 5.92. Adult or Sexually Oriented Business development and
performance standards.
(i) Upon order of the city administrator, or his designee,
graffiti appearing on any exterior surface of a building or premises
which is within public view shall be removed and that surface shall be
restored within seventy-two (72) hours of written notification to the
owner, lessor or operator.
(p) Adult or Sexually Oriented Businesses shall employ
security guards in order to maintain the public peace and safety,
based upon the following standards:
(2) Security guards for other Adult or Sexually Oriented
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Businesses may be required if it is determined by the city
administrator, or his designee, that their presence is necessary in
order to prevent any of the conduct listed in Section 5.90(c)(3) from
occurring on the premises.
(w) Additional Regulations Relating to the Exhibition of Sexually
Explicit Films, Videos or Live Entertainment in Individual Viewing
Areas. A person who operates or causes to be operated an Adult or
Sexually Oriented Business, which exhibits on the premises in an
individual viewing area of less than 150 square feet of floor space, a
film, computer generated images, motion pictures, video cassettes or
video reproductions, any material in digital form (including, but not
limited to compact disc [CD] or digital video disc [DVD]), slide, other
photographic reproductions, or live entertainment which depicts
specified sexual activities or specified anatomical areas, shall comply
with the following requirements:
(1) Upon application for an Adult or Sexually Oriented
Business permit, the application shall be accompanied by a diagram of
the premises showing a plan thereof specifying the location of one or
more operator's stations and the location of all overhead lighting
fixtures and designating any portion of the premises in which patrons
will not be permitted. A operator's station may not exceed 32 square
feet of floor area. The diagram shall also designate the place at which'i
the permit will be conspicuously posted, if granted. A professionally
prepared diagram in the nature of an engineer's or architect's
blueprint shall not be required; however, each diagram should be
oriented to the north or to some designated street or object and should
be drawn to a designated scale or with marked dimensions sufficient to
B-17
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>how the various internal dimensions of all areas. The city
administrator, or his designee, may waive the foregoing diagram for
-enewal applications if the applicant adopts a diagram that was
>reviously submitted and certifies that the configuration of the
)remises has not been altered since it was first prepared.
(2) No alteration in the configuration or location of a
iperator's station may be made without the prior written approval of
he city administrator, or his designee, based upon the finding that
uch alteration complies with this section.
ISec. 5.95. Display of permit and identification card.
(b) The city administrator, or his designee, shall provide each
Adult or Sexually Oriented Business employee required to have an Adult
or Sexually Oriented Business employee permit pursuant to this article,
an identification card containing the name, address, photograph and
permit number of such employee.
Sec. 7.28. Abatement by city.
The city administrator, or his designee, is authorized and
directed to abate any and all such nuisances:
Sec. 8.7. Director and assistant director of emergency services.
(a) There is hereby created the office of director of emergency
services. The city administrator, or his designee, shall be the
director of emergency services.
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Sec. 10.5. Police powers.
The chief ACO and deputies are vested with the necessary police
powers and duties of a police officer for the exclusive purpose of
enforcing the provisions of this chapter, and it shall be the duty of
each such officer to make arrests and issue citations for violations of
any of the provisions of this chapter or other applicable law. Each such
officer shall enforce all laws relating to the care, treatment,
impounding or other condition of animals and to the prevention of cruelty
to animals. In the exercise of said powers, the chief ACO shall be under
the general direction of the city administrator, or his designee.
Sec. 12.40 Franchise application review process.
The city council may award franchises for the collection of solid
waste within the city. The number of such franchises shall be as many
as there are qualified applicants. Applicants may submit their
completed application for a franchise, as provided in Section 12.39, to
the director. The city administrator, or his designee, shall review
and investigate such submittals and make a recommendation to the city
council to award or deny such franchise, all within a reasonable period
Iof time.
(balance of section to remain the same)
Sec. 12.45. Other franchise provisions.
The city council may expand or contract the scope of the agreement
over time due to changes in law. The city administrator, or his
designee, may inspect the franchisee's books and records for purposes
of verifying the correct payment of franchise fees and confirming the
accurate reporting of other required information. The city
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'administrator, or his designee, shall provide the franchisee with
reasonable notice of his intent to inspect any of the franchisee's
records.
Sec. 12.49. Summary suspension of franchise.
The city administrator, or his designee, shall have authority to
summarily suspend a franchise issued pursuant to this article whenever
the franchisee is in default under the terms of an agreement with
respect to the reporting requirements of article VII of this chapter or
with respect to submitting evidence of insurance or bonds required by a
franchise agreement. The city administrator, or his designee, shall
notify the franchisee in writing of such summary suspension, which
notice shall also advise the franchisee of the time and place of a
hearing before the city council to consider the termination of the
franchise pursuant to section 12.50 of this article. The hearing
before the city council shall be held not less than five (5) nor more
than thirty (30) days from the date of such notice.
Sec. 12.50. Council hearing on termination of franchise.
(b) The city administrator, or his designee, may initiate a
proceeding to terminate a franchise by written notice delivered to the
franchisee, setting forth the reasons for the proposed termination.
The notice shall also indicate the time and place of a hearing before
the city council, which shall be scheduled not less than ten (10) nor
more than thirty (30) days from the date of such notice.
Sec. 26.6.5. Extension of time for termination of nonconforming use.
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(c) Hearing procedure. The city administrator, or his designee,
shall set the matter for hearing before the City Council within 45 days
of receipt of the application. The applicant shall have the right to
offer testimonial, documentary and tangible evidence bearing on the
issues and may be represented by counsel. Any relevant evidence may be
admitted that is the sort of evidence upon which reasonable persons are
accustomed to rely in the conduct of serious affairs. Any hearing
under this section may be continued for a reasonable time for the
convenience of a party or a witness. The decision of the City Council
shall be final and subject to judicial review pursuant to Code of Civil
Procedure Section 1094.8.
B-21
SUPPORTING
DOCUMENTS
FILE w oRD . 112�
Memo
To: Eric Fresch, Acting City Administrator
fFran: Lewis Pozzebon, Director
Date: 12/6/2006
Re: Draft Reorganization Ordinance
Prc F2 f
I�Ib1°i° a C WnoGCS AS
M PCB tA CA 0
I�
Thank you for forwarding the subject draft for review. I have the following comments
regarding Exhibit A:
• Page A 1, Section 2.69, Departments, (i) Department of Environmental Health
Recommend correction to: Health & Environmental Control Department.
Justifications: Traditional title in City organization
Inclusive of department responsibilities.
Conforms with California Health & Safety Code statutes
regarding Health Officers
• Page A 1, Section 2.69-1 Department Heads, Director of Environmental Health
Recommend correction to: Director of Health & Environmental Control
Justification: see above
I have requested Dan Downing, Chief Deputy Director, to review Exhibit B in regards
to proposed changes in the solid waste franchise sections. Any comments on those
sections will be forwarded in a separate memo.
Please let me know if you have any questions or need more information.
• Page 1
VERNON POLICE DEPARTMENT
OFFICE MEMORANDUM
December 6, 2006
14 61" P,5;�c I
TO: Eric Fresch, Acting City Administrator M A(eC Ct*,U� al
FROM: Steve Towles, Interim Police Chief
�e�,NcM�17�
SUBJECT: Draft Reorganization Ordinance
Pursuant to your request for review and comments of Draft Ordinance No. 1126, the following
comments are offered for your consideration.
Page B-10, line 26:
Add: "or his designee," following the words "If the City Administrator...".
Section 5.89 (pages B-11, B-12)
Section 5.89 sub -section ()9 allows an employee of an Adult or Sexually Oriented Business, who
has completed an application and paid for filing fees, to begin the employment for which the permit is
sought, if the permit has neither been granted nor denied by the city administrator or his designee within
(15) business days after its receipt. Under this circumstance, we would have employees working without a
permit or the City -issued ID card as described in 5.89 sub -section (d). This could create a problem for
officers ensuring compliance with sub -section (e) that requires the employee to have the permit and the
ID card available for inspection any time they are on the premises.
I recommend that we include in Draft Ordinance No. 1126, a modification to Section 5.89, sub-
section (e), to include language that requires the employee working on the premises pursuant to sub-
section (f), to possess a receipt showing the employee has paid the filing fees for the permit, in lieu of
possessing the permit and ID card. This will allow officers to ensure the employee is working in
compliance with the ordinance.
Memo
To: Eric Fresch, City Administrator
From: Mark C. Whitworth, Fire Chief '� l
Date: December 6, 2006
Re: Draft Reorganization Ordinance Questions
have read the draft reorganization ordinance and have some questions on the following:
Section 5.65. Motion picture production - I wanted to know how we, the Fire Department, fit into
this section.
Section 8.7. Director and assistant director of emergency services - what does this do and who
is your designee?
We can address these at the department head meeting. Thank you.
MCW:Iam
:efresch miscmemo
0 Page 1
1Z/in/Guue 11:45 VAA JZ6 6ZU 1438
CITY CLERK'S OFFICE
$8* TX REPORT
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TX/RX NO
CONNECTION TEL
SUBADDRESS
CONNECTION ID
ST. TIME
USAGE T
PGS. SENT
RESULT
4305 Santa Fe Avenue
Vemon, CA 90068
Phone: 32XS83-8811
Fax: 3231826-1438
Fax
To: Jeff Harrison
Company:
4840
712136273602
12/06 17:48
00'34
4
OK
From: Kristen
Pax: 213/627-3602 Date; December 6, 2006
Phone: Pages: 4. including cover
Department Responses to
Re: Draft Reorganization Ordinance cc
❑ Urgent ❑ For Review ❑Please Comment O Please Reply El Please Recycle
•Comments:
Eric has already approved the changes requested by Pozzebon and Towles and
CERTIFICATE
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES)
I, Bruce V. Malkenhorst, Jr., Acting 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. 1126 - An Ordinance of the City Council of
the City of Vernon Amending Various Sections of the Code of
the City of Vernon, California, 1959, Pertaining to the
City Administrator; Adding Article X, Sections 2.69 and
2.69-1, to Chapter 2 of Said Code; 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 28th day of December 2006.
SEAL:
Bruce V. Malkenhorst, Jr.
Acting City Clerk
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, Andrew Thompson, Utilityman II, of the City of Vernon do hereby
certify that on the 28th day of December 2006, I did post three (3)
copies each of:
Ordinance No. 1126 - An Ordinance of the City Council of
the City of Vernon Amending Various Sections of the Code of
the City of Vernon, California, 1959, Pertaining to the City
Administrator; Adding Article X, Sections 2.69 and 2.69-1,
to Chapter 2 of Said Code; and Repealing all Ordinances or
Parts of Ordinances in Conflict Therewith.
On each of the following places, to wit: on the bulletin boards
located on the northwest corner of 38th Street and Santa Fe Avenue and
the northeast corner of Leonis Blvd. and Pacific Blvd., all in said
City, there being no newspaper of general circulation printed and
published in the City of Vernon.
Date: 1 -01
drew Thompson
Utilityman II
State of California )
)ss
County of Los Angels)
On �A. 0, W 7 before me, Manuela Giron, Notary Public,
personally appeared Andrew Thompson
personally known to me (ter—-e-e
to be the person (-&) whose name (-&4 is/ara subscribed to the
instrument and acknowledged to me that he/&�- ^-4teexecuted the
same in his'i- �r authorized capacity, and that by
signature( on the instrument the person(el, or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
MANUELA GIRON
Commission #t 1611388
Notary Public - California
Los Angeles County
��� OMLCOMM. Expires Nov 4,201
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: January 16, 2007
TO: Lewis Pozzebon, Director of Environmental Health
FROM- Nelly Giron, Deputy City Clerk
RE: Ordinance No. 1126 - An Ordinance of the City Council of the
City of Vernon Amending Various Sections of the Code of the
City of Vernon, California, 1959, Pertaining to the City
Administrator; Adding Article X, Sections 2.69 and 2.69-1, to
Chapter 2 of Said Code; and Repealing All Ordinances or Parts
of Ordinances in Conflict Therewith
Transmitted herewith is a copy of Ordinance No. 1126 referenced above,
which was approved by City Council on December 20, 2006.
Thank you.
NG:dr
c: Ordinance No. 1126
A
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, Manuela Giron, Deputy City Clerk, of the City of Vernon do hereby
certify that on the gh day of January 2007, I did post three copies of
the following:
Ordinance No. 1127 - An Ordinance of the City Council of the City
of Vernon Approving and Authorizing an Amendment to the Contract
Between the City Council of the City of Vernon and the Board of
Administration of the Public Employees' Retirement System.
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 38th Street and Santa
Fe Avenue; the northeast corner of Leonis Blvd., and Pacific Blvd.,
all in said City, t re being no newspaper of general circulation
printed and publish d in the City of Vernon.
Date: /"/ 0 \
Ma uela Giron
Deputy City Clerk
State of California )
) ss
County of Los Angels)
On / 11710 % before me, iiLYl-se(_ %lQG(yL'w
personally appeared Manuela Giron
personally known to me (eL= p eeee to FRe a the b&-4-s
ev d± � e) to be the person(H whose name(at is/.tee subscribed to the
instrument and acknowledged to me that he/sh-e�y executed the
same in his/4^ ' 4r authorized capacity, and that by his/h-e Per
signature(,e-) on the instrument the person(•a), or the entity upon
behalf of which the person( acted, executed the instrument.
WITNESS my hand and official seal
!r7--
'jr��r : ',, . ,.-� dL�� . .h
A.
s
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. 1127 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF VERNON APPROVING AND
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN
THE CITY COUNCIL OF THE CITY OF VERNON AND THE
BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
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 day of January 2007.
SEAL:
L
Manuela Giron
Deputy City Clerk