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Ordinance No. 11561 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1156 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING SECTION 2.69-1 OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF THE CITY OF VERNON, CALIFORNIA, 1959, 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, on April 21, 2008, the City Council of the City of Vernon adopted Ordinance No. 1146 amending Section 2.69-1, which Ordinance was effective on May 21, 2008;, and WHEREAS, Section 2.69-1 of the Vernon City Code needs to be amended to delete the Utilities & Government Infrastructure Department from the organization of departments within the City and to make changes relating thereto; 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 finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby amends Chapter 2, Administration, of the Vernon City Code, by amending Section 2,69-1 of Article X, City Department Organization, as set forth in Exhibit 1 which is attached hereto and incorporated by reference. 1 SECTION 3: Any ordinance, part of an ordinance, or code 2 section in conflict with this Ordinance is hereby repealed. 3 SECTION 4: If any section, subsection, sentence, clause, 4 phrase or word of this Ordinance is, for any reason held to be void or 5 unconstitutional, such decision shall not affect the validity of the 6 remaining portions of this Ordinance; it being the intention of the 7 City Council of the City of Vernon to pass and adopt this Ordinance and 8 each section, subsection, sentence, clause or phrase thereof 9 irrespective of the fact that one or more of the sections, subsections, 10 clauses, sentences or phrases thereof may be declared to be invalid or 11 unconstitutional. 12 SECTION 5: In accordance with Government Code §36933, the 13 City Clerk is hereby (a) directed to cause a summary of this Ordinance 14 to be published at least once in the Vernon Sun and to cause a 15 certified copy of the full text of this Ordinance to be posted in the 16 Office of the City Clerk at least five (5) days prior to the adoption 17 of this Ordinance; and (b) directed to certify to the passage of this 18 Ordinance and to publish at least once in the Vernon Sun the summary of 19 this Ordinance with the names of those City Council Members voting for 20 and against this Ordinance and to post in the Office of the City Clerk 21 a certified copy of the full text of this adopted Ordinance along with 22 the names of those City Council members voting for and against this 23 Ordinance within fifteen (15) days after passage of this Ordinance. 24 25 26 27 28 2 1 2 3 4 5 6 7 8 9 10 11 12 .13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 6: This Ordinance shall be in full force and effect thirty (30) days from and after its passage of the same. APPROVED AND ADOPTED this lst day of June, 2009. ATT ST: M UELA GIRON, i y Clerk Name Hilario Gonzales Title: Mayor / m - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1156, was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held on Monday, May 11, 2009, and thereafter finally adopted at a regular meeting of said City Council held on Monday, June 1, 2009, and thereafter was duly signed by the Mayor or the Mayor Pro-Tem of the City of Vernon, by the following vote: (SEAL) AYES: Councilmen: Mayor Gonzales, McCormick, Malburg, Davis, Maisano NOES: Councilmen: None ABSTAINED: Councilmen: None ABSENT: Councilmen: None MANUELA GI ON City Clerk - 4 EXHIBIT 1 E 3 4 5 6 7 9 10 owl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT "1" CHAPTER 2. ADMINISTRATION ARTICLE X. City Department Organization. Sec. 2.69-1. Departments. The City shall have the following departments and the City Council, of the City of Vernon shall appoint the department head by resolution: (a) Business Services & Purchasing Department. There is hereby created and ratified in the service of the city the Business Services & Purchasing Department, which may also be cited as the Purchasing Department The Director of Business Services & Purchasing, which may also be cited as the Purchasing Agent or Purchasing Director, shall administer the Business Services & Purchasing Department and report to the City Administrator, subject to the provisions of the Code of the City of Vernon or as prescribed by the City Council. (b) City Administration. There is hereby created and ratified in the service of the city the City Administration Department. The City Administrator shall administer the City Administration Department and shall be responsible to the City Council for the proper and efficient management of all the affairs of the City, acting as the agent of.the City Council in the discharge of his administrative duties, subject to the provisions of the City Charter and Chapter 2 of the Code of the. City of Vernon and report directly to the City Council. Except as otherwise.provided, the City Administrator shall perform such other duties as set forth in the Charter of the City of Vernon or the code or as prescribed by the City Council. Exhibit 1, page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 FINI 18 19 20 21 22 23 24 25 26 27 28 (c) City Clerk Department. There is hereby created and ratified in the service of the city the City Clerk Department. The City Clerk shall administer the City Clerk Department of the City, subject to provisions set forth in the Code of the City of Vernon and report to the City Attorney. Except as otherwise provided, the City Clerk shall perform such other duties as set forth in Charter of the City of Vernon or the code or as prescribed by the City Council. (d) City Council Department. There is hereby created and ratified in the service of the city the City Council Department. (e) Community Services Department. There is hereby created and ratified in the service of the city the Community Services Department. The Director of Community Services & Water shall administer the Community Services Department and report to the City Administrator, subject to the provisions of the Code of the City of Vernon or as prescribed by the City Council. The Director of Community Services & Water also serves as the City Engineer, Building Official, Director of Public Works, Traffic Engineer and Superintendent of Streets, and in these capacities shall also report to the City Administrator. (f) Finance Department. There is hereby created and ratified in the service of the city the Finance Department. The Finance Director shall administer the Finance Department and, as to issues concerning the Department, he/she shall report directly to the City Council, subject to the provisions of the Code of the City of Vernon or as prescribed by the City Council. (g) Fire Department. There is hereby created and ratified in the service of the city the Fire Department. The Fire Chief shall administer the Fire Department and report to the City Administrator, subject to the provisions of the Code of the City of Vernon or as Exhibit 1, page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17- 18 19 20 21 22 23 24 25 26 27 28 prescribed by the City Council. (h) Gas Municipal Utility Department. There is hereby created and ratified in the service of the city the Gas Municipal Utility Department, which may also be cited as the Gas Department. The Director of Light & Power shall administer the Gas Municipal Utility Department and report to the City Administrator, subject to the provisions of the Code of the City of Vernon or as prescribed by the City Council. (i) Health & Environmental Control Department. There is hereby created and ratified in the service of the city the Health & Environmental Control Department, which may also be cited as the Health Department or the Environmental Health Department. The Director of JHealth & Environmental Control, which may also be cited as the Director lof Environmental Health, shall administer the Health & Environmental Control Department and as, to issues concerning the Department, he/she shall report directly to the City Council, subject to the provisions of the Code of the City of Vernon or as prescribed by the City Council. The Director of Health & Environmental Control also serves as the City Health Officer. (j) Human Resources Department. There is hereby created and ratified in the service of the city the Human Resources Department, which may also be cited as the Department of Human Resources. The Director of Human Resources, which may also be cited as the Human Resources Director, shall administer the Human Resources Department and, as to issues concerning the Department, he/she shall report directly to the City Council, subject to the provisions of the Charter of the City of Vernon or the Code of the City of Vernon or as prescribed by the City Council. Exhibit 1, page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 NC■ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (k) Industrial Development Department. There is hereby created and ratified in the service of the city the Industrial Development Department. The Director of Industrial Development shall administer the Industrial Development Department and report to the City Administrator, subject to the provisions of the Charter of the City of Vernon or the Code of the City of Vernon or as prescribed by the City Council. (1) Light & Power Department. There is hereby created and ratified in the service of the city the Light & Power Department. The Director of Light & Power shall administer the Light & Power Department and report to the City Administrator, subject to the provisions of the Code of the City of Vernon or as prescribed by the City Council. (m) Office of Special Counsel. There is hereby created and ratified in the service of the city the Office of Special Counsel, which may also be cited as Special Counsel's Office. The Special Counsel shall administer the Office of Special Counsel and report directly to the City Council, subject to the provisions of the Charter of the City of Vernon or the Code of the City of Vernon or as prescribed by the City Council. The City Council of the City of Vernon shall appoint, establish tenure and prescribe the powers and duties of the Special Counsel by resolution. (n) Office of the City Attorney/Public Prosecutor. There is hereby created and ratified in the service of the city the Office of the City Attorney/Public Prosecutor, which may also be cited as the City Attorney's Office. The City Attorney shall administer the Office of the City Attorney/Public Prosecutor and, as to issues concerning the Department, he/she shall report directly to the City Council, subject Exhibit 1, page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 to the provisions of the Charter of the City of Vernon or the Code of the City of Vernon or as prescribed by the City Council. (o) Office of the Treasurer. There is hereby created and ratified in the service of the city the Office of the Treasurer, which may also be cited as the Treasury Department. The City Treasurer shall administer the Office of the Treasurer and report to the Finance Director, subject to the provisions of the Charter of the City of Vernon or the Code of the City of Vernon or as.prescribed by the City Council. (p) Personnel Department. There is hereby created and ratified in the service of the city the Personnel Department. The Director of Personnel, which may also be cited as the Personnel Director, shall administer the Personnel Department and report to the Director of Human Resources, subject to the provisions of the Charter of the City of Vernon or the Code of the City of Vernon or as prescribed by the City Council. (q) Police Department. There is hereby created and ratified in the service of the city the Police Department. The Chief of Police, which may also be cited as the Police Chief, shall administer the Police Department and report to the City Administrator, subject to the ptovisions of the Code of the City of Vernon or as prescribed by the City Council. (r) Risk Management Department. There is hereby created and ratified in the service of the city the Risk Management Department. The Risk Manager shall administer the Risk Management Department of the City and report to the Director of Human Resources, subject to provisions set forth in the Code of the City of Vernon. Except as otherwise provided, the Risk Manager, which may also be cited as the Exhibit 1, page 5 1 Director of Risk Management, shall perform such other duties as set 2 forth in the code or as prescribed by the City Council. 3 (s) Water Department. There is hereby created and ratified in 4 the service of the city the Water Department. The Director of 5 Community Services & Water shall administer the Water Department and 6 report to the City Administrator, subject to the provisions of the Code 7 of the City of Vernon or as prescribed by the City Council. 8 A Vernon Organizational Chart depicting the departments specified 9 herein is shown on Exhibit A which is attached hereto and made a part 10 hereof by reference. Said Exhibit A referred to in this section can be 11 found at the end of this chapter. 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 Exhibit 1, page 6 HAIN 94 EXHIBIT A CD w v01 01 T3 m (fl O m F CD a ro v o -4 o � o c m o = m n O iD a) m m CA CD m N p O C. o m O (D CD ^O T C CD m w - C Fm 0 0 N 00 CD a m d. oa a o CD v1 c m c � 3 con) CD c (D CD cn m (, Cn90 CDoo 0�o �cBm 3. ro(.ro v ��C to CD Qo Cm) 0 N rfl � 0 r^ go D -Do 0;4 w o (D 3� m O r �CD fD 2 0 0 0 o m 9 Qo c o � 2. a m m N `< O. CD � (D � n (D � ID O ic- C7 � N tm', O O O m S o c c 3 D w m m0 cn a 3 m CD T -n 4l 0 0 m CD 0 C7 -� n C a CD 0 S o o n E S to (D y m v m =r m CD ogo CD s w 0 C 0 .a cn o 2L 0 cmi. o RL 0 O �D c CD G m Z O z O � 70 = � D D � � Z N D O z D r CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: June 3, 2009 TO: Rory Burnett, Finance Director Sharon Duckworth, City Treasurer/Acting Deputy City Clerk Kristen Enomoto, Council Department Manager Masami Higa, Controller Avigal Horrow, Human Resources Director Joaquin Leon, Deputy City Treasure Donal O'Callaghan, City Administrator/Director of Light & Power Lewis Pozzebon, Director of Environmental Health & Control Steve Towles, Chief of Police Martha Valenzuela, Director of Personnel/Business Services and Purchasing Mark Whitworth, Fire Chief Kevin Wilson, Director of Community Services & Water Willard Yamaguchi, Chief Deputy City Attorney/Risk Manager FROM Nelly Giron, City Clerk RE: y Ordinance No. 1156 — An Ordinance of the City Council of the City of Vernon Amending Section 2.69-1 of Chapter 2, Administration, of the Code of the City of Vernon, California, 1959, and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith Transmitted herewith is a copy of Ordinance No. 1156 referenced above, which was approved by City Council on June 1, 2009. Thank you. NG:dj c: Ordinance No. 1156 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States and a resident of the County aforementioned; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of EASTERN GROUP PUBLICATIONS' EASTSIDE SUN, MEXICAN AMERICAN SUN, NORTHEAST SUN, BELL GARDENS SUN, VERNON SUN, COMMERCE COMET, CITYTERRACE COMET, MONTEBELLO COMET, MONTEREY PARK COMET, E.L.A. BROOKLYN BELVEDERE COMET AND WYVERNWOOD CHRONICLE, newspapers of general circulation, printed and published THURSDAYS in the County of Los Angeles, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of JUNE 21. 1966. CASE NUMBER 884861; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: MAY 14, all in the year 2009. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at LOS ANGELES, California, this 14thday of MAY, 2009. This space is for the County Clerk's Filing Stamp CITY OF VERNON Proof of Publication of City of Vernon City Council Meeting May 11, 2009 Ordinance No. 1156 Surnrna y Signature CITY OF VERNON CITY COUNCIL MEETING MAY 11, 2009 ORDINANCE NO. 1156 SUMMARY A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NO. 1156 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. Ordinance No. 1156 was duly introduced at a regular meeting of the City Council of the City of Vernon held on May 11, 2009. Ordinance No. 1156 is scheduled to be approved and adopted by said Council at a regular meeting to be held on June 1, 2009. On June 1, 2009, the City Council of the City of Vernon is proposing to adopt Ordinance No. 1156 amending Section 2.69-1 of Article X, City Department Organization, of Chapter 2, Administration, of the Vernon City Code as follows: 1. To eliminate the Utilities & Government Infrastructure Department within the City and to eliminate the Director of Utilities & Government Infrastructure position in the Department. 2. To revise the reporting requirements of the Director of Business Services & Purchasing, the Director of Community Services & Water, and the Director of Light & Power who are now reporting to the Director of Utilities & Government Infrastructure to report to the City Administrator. Manuela Giron, City Clerk of the City of Vernon, does hereby certify that Ordinance No. 1156 was duly introduced to the City Council of the City of Vernon at a regular meeting held on May 11, 2009 and said Ordinance is scheduled to be approved and adopted at a regular meeting of the City Council to be held on June 1, 2009. Dated: May l , 2009 Manuela Giron, i Clerk CC �c�i "_ J v e52�y s V;11\ V09 o�' vEq Gd��F,'LT sN�Vi CITY ATTORNEY'S OFFICE APPROVED JUN 01 '09 CITY COUNCIL INTER -DEPARTMENT MEMORANDUM MAY 2 1 2009 CITY CLERK'S OFFICE Enclosed please find for your review and approval a Staff Report relating to adopting Ordinance No. 1156 on June 1, 2009. Ordinance No. 1156 was erroneously brought before the City Council for second reading on May 18, 2009. However, since the Summary of Ordinance No. 1156 was published on May 14, 2009, the adoption of the Ordinance could not occur until after May 20, 2009, in order to meet the five-day requirement of Government Code Section 36933. The adoption of the Ordinance on June 1, 2009, will nullify the actions taken on May 18, 2009, regarding the Ordinance. JH:j1 Enclosure 48j�+'1T IN 00�5 CITY ATTORNEY'S OFFICE STAFF REPORT DATE: May 21, 2009 RECEIVED TO: Honorable Mayor and City Council MAY 2 1 2009 FROM: Jeff A. Harrison, City Attorne CITY CLERK'S OFFICE RE: Correction to Adoption of Ordinance No. 1156 Issue: Ordinance No. 1156, City Department Reorganization, was introduced for first reading of the City Council on May 11, 2009. A Summary of the Ordinance was published on Thursday, May 14, 2009. Government Code Section 36933 requires that the summary of an ordinance be published at least five (5) days prior to the adoption of the ordinance by the City Council. Therefore, the adoption of Ordinance No. 1156 can be done any time after May 20, 2009. Ordinance No. 1156 was mistakenly brought before the City Council for second reading on May 18, 2009, which does not meet the requirements of Government Code Section 36933. Due to the fact that Monday, May 25, 2009, is a holiday, the next regularly scheduled Council meeting is June 1, 2009. Recommendations: I recommend that the City Council approve and adopt Ordinance No. 1156 on June 1, 2009. The adoption of the Ordinance on June 1, 2009, will automatically nullify the actions taken on May 18, 2009. Fiscal Impact None. Of V APPROVED MAY 11 '09 CITY ,e CITY CLERK DISTRIBUTION STAFF REPORT CITY ADMINISTRATION DATE May 7, 2009 TO: Mayor and City Council o FROM: Eric Fresch, City Administrator RE: Appointment of New City Administrator I have been your City Administrator fora little over two years.. In that time we have proposed to you and you have adopted various ordinances that reorganized the City's administrative structure. Your Department Heads now have the authority and responsibility to manage their respective departments. Various positions have been created to,better.manage the City's needs and facilitate efficient communications with other governmental agencies, capital markets, the City's lenders, and Wall Street. The City's credit rating has been increased two levels to the "A-3" category. We have structured the optimal use of our Light & Power resources, culminating in the City receiving nearly $400 million in proceeds from that asset restructuring. The City has pad. -off all of its nearly $300 million in project debt. And finally, the City has su`cceS'Nily restructured its natural gas supply to low interest long term debt. Ironically,/1 worked with the team representing the City accomplishing these objectives as an -attorney. Today, I am recommending to you to appoint Donal O' Callaghan, effective May 15th,`2009, as the administrative head of the City's government in the role of City Administrator. He can devote his entire time to the duties and interests of the City in this new role, as well as serving as the City's Director of Light & Power. I make these recommendations to the City at no additional economic cost for Donal's services. My own contract hourly rates for legal services also remain the same and as always the amount of hours I work are subject to .the City's request and approval. Thank you for the privilege of serving this City This space is for the County Clerk's Filing Stamp '�Zasferxt Grvup txblir-also ts, C:411A.C- The Only All Hispanic Owned Chain of Bilingual Newspapers 111 S. Avenue 59, Los Angeles, CA 90042-4211 Ph 323.341-7970 • Fax 323.341-7976 • www.egpnews.com PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States and a resident of the County aforementioned; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of EASTERN GROUP PUBLICATIONS' EASTSIDE SUN, MEXICAN AMERICAN SUN, NORTHEAST SUN, BELL GARDENS SUN, VERNON SUN, COMMERCE COMET, CITYTERRACE COMET, MONTEBELLO COMET, MONTEREY PARK COMET, E.L.A. BROOKLYN BELVEDERE COMET AND WYVERNWOOD CHRONICLE, newspapers of general circulation, printed and published THURSDAYS in the County of Los Angeles, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of JUNE 21, 1966, CASE NUMBER 884861; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: JUNE 04, all in the year 2009. certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at LOS ANGELES, California, this 04!hday of JUNE, 2009. CITY OF VERNON Proof of Publication of City of Vernon City Council Meeting June 1. 2009 Ordinance No. 11_56 Summary Signature