Ordinance No. 1168ORDINANCE NO. 1168
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING SECTION 2.1 OF THE VERNON CITY
CODE RELATING TO THE TIME, PLACE AND AGENDA
TOPICS OF CITY COUNCIL MEETINGS
WHEREAS, Section 2.1 of Article I of Chapter 2 the Vernon
City Code provides that the regular meetings of the City Council
shall be held every Monday at 9:00 a.m.; and
WHEREAS, the City Council of the City of Vernon desires to
set an earlier meeting time for regular meetings of the City Council
covering matters relating to the Light & Power Department; and
WHEREAS, the City Council of the City of Vernon desires to
set a second regular meeting to immediately follow the Light & Power
Department meeting covering all other matters.
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: Section 2.1 of Article I of Chapter_2 of the
Vernon ,City Code is hereby amended and restated in its entirety to
read as follows:
"Sec. 2.1. Time, place and topics of council meetings.
(a) There shall be two regular meetings of the City Council
of the City of Vernon held in the City Council Chamber
at the City Hall located at 4305 Santa Fe Avenue in the
City of Vernon, California on the first and third
Monday of each month. The first regular meeting shall
convene at the hour of 8:00 a.m., and shall be limited
to agenda items regarding matters relating to the Light
& Power Department. The second regular meeting shall
convene at the hour of 9:00 a.m., or as soon thereafter
as the first regular meeting may adjourn, and shall be
limited to agenda items regarding any matter other than
those relating to the Light & Power Department.
(b) If the regular meetings of the City Council are
scheduled to fall on a recognized holiday, the meetings
shall be cancelled for that week and take place on the
next regularly scheduled Monday, at the same time and
place.
(c) If a regularly scheduled meeting of the City Council is
adjourned due to a lack of quorum, the adjourned
meeting shall be cancelled for that week and take place
on the next regularly scheduled Monday, at the same
time and place."
SECTION 3: Any ordinance or parts of ordinances in
conflict with this Ordinance are hereby superseded.
SECTION 4: Severability. If any section, subsection,
subdivision, paragraph, sentence, clause, phrase, or word in this
Ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part
thereof. The City Council hereby declares that it would have adopted
this Ordinance and each section, subsection, subdivision, paragraph,
sentence, clause or phrase thereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, phrases or words be declared unconstitutional, or
- 2 -
invalid, or ineffective.
SECTION 5: Book of Ordinances. The City Clerk shall
attest and certify to the adoption of this Ordinance and shall cause
this Ordinance and the City Clerk's certification to be entered in
the Book of Ordinances of the Council of this City. The City Clerk
shall cause this ordinance to be published or posted as required by
law.
SECTION 6: Effective Date. This Ordinance shall go into
effect and be in full force and effect at 12:01 a.m. on the thirty-
first (31st) day after its passage.
APPROVED AND ADOPTED this 24th day of May, 2010.
WILLARD G. YP4A$UCHI, City Clerk
9LL
Name: Hilario Gonzales
Title: Mayor /-� Dr-= -m °'=
- 3 -
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I,, WILLARD G. YAMAGUCHI, City Clerk of the City of
Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 1168, was duly and regularly introduced at a
meeting of the City Council of the City of Vernon, held in the
City of Vernon on Monday, May 17, '2010, and thereafter adopted
at a meeting of said City Council held on Monday, May 24, 2010,
by the following vote:
AYES: Councilmembers: Mayor Gonzales,
McCormick, Davis,
Maisano, Newmire
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and thereafter was'duly signed by the Mayor or Mayor Pro-Tem of
the
City of Vernon.
Executed this day of May, 010, at Vernon, California.
XILLRD 'GCAq29,PHI
City Clem
(SEAL)
_ 4 _
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: May 25, 2010
TO: Rory Burnett, Finance Director/City Treasurer
Masami Higa, Controller
Alex Kung, Senior Accounting Manager
Joaquin Leon, Deputy City Treasurer
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
FROM: Willard Yamaguchi, City Clerk I /
RE: Ordinance No. 1168 - An Ordinance of the City Council of the City of Vernon
Amending Section 2.1. of the Vernon City Code Relating to the Time, Place and Agenda
Topics of City Council Meetings
Transmitted herewith is a copy of Ordinance No. 1168 referenced above, which was approved by City
Council on May 24, 2010.
Thank you.
WY:dj
c: Ordinance No. 1168
MAY 1 2 2010
STAFF REPORT CITY CLERK'S OFFICE
CITY ADMINISTRATION OFFICE
DATE: May 12, 2010 lIU
l
TO: Honorable Mayor and Members of the City Council
FROM: City Administrator
RE: Recommendation to Adopt an Ordinance Amending Section 2.1 of the
Vernon City Code to Establish a Separate Regular Meeting on Light
and Power Matters to Commence at 8:30 a.m. every Monday
Discussion
Light & Power Department issues are often quite different from those relating to general
City governance. In an effort to separate Light & Power Department matters from
general governmental issues, I have asked the City Attorney to prepare an ordinance
establishing two weekly regular meetings of the City Council, both of which will occur on
Mondays.
The first regular meeting is proposed to convene at 8:30 a.m. on each Monday, except
holidays, and will be dedicated to matters relating to the Light & Power Department.
The second regular meeting will convene at 8:45 a.m., or as soon thereafter as the first
regular meeting adjourns, and will cover any matter other than those relating to the Light
& Power Department.
Also, as part of this recommended change, the City will fold into the second regular
meeting the police and fire reports to the City Council. The City Attorney's office
researched the history of the Police and Fire Commission and found it was initially
formed as a sub -committee of the City Council. Now that the City Council is meeting as
a whole, it seems appropriate to have those police and fire reports presented as part of
the City Council meeting.
Recommendation
recommend that the City Council waive full reading of the proposed ordinance,
introduce the ordinance and read by title only.
cc: City Clerk
City Administration
Light & Power
ORDINANCE NO. 1168
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING SECTION 2.1 OF THE VERNON CITY
CODE RELATING TO THE TIME, PLACE AND AGENDA
TOPICS OF CITY COUNCIL MEETINGS
WHEREAS, Chapter 2.1 of Article I of Chapter 2 the Vernon
City Code provides that the regular meetings of the City Council
shall be held every Monday at 9:00 a.m.; and
WHEREAS, the City Council of the City of Vernon desires to
set an earlier meeting time for regular meetings of the City Council
covering matters relating to the Light & Power Department; and
WHEREAS, the City Council of the City of Vernon desires to
set a second regular meeting to immediately follow the Light & Power
Department meeting covering all other matters.
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: Section 2.1 of Article I of Chapter 2 of the
Vernon City Code is hereby amended and restated in its entirety to
read as follows:
"Sec. 2.1. Time, place and topics of council meetings.
(a) There shall be two regular meetings of the City Council
of the City of Vernon held in the City Council Chamber
at the City Hall located at 4305 Santa Fe Avenue in the
City of Vernon, California on every Monday of each
month. The first regular meeting shall convene at the
hour of 8:30 a.m., and shall be limited to agenda items
- 1 -
regarding matters relating to the Light & Power
Department. The second regular meeting shall convene
at the hour of 8:45 a.m., or as soon thereafter as the
first regular meeting may adjourn, and shall be limited
to agenda items regarding any matter other than those
relating to the Light & Power Department.
(b) If the regular meetings of the City Council are
scheduled to fall on a recognized holiday, the meetings
shall be cancelled for that week and take place on the
next regularly scheduled Monday, at the same time and
place.
(c) If a regularly scheduled meeting of ,the City Council is
adjourned due to a lack of quorum, the adjourned
meeting shall be cancelled for that week and take place
on the next regularly scheduled Monday, at the same
time and place."
SECTION 3: Any ordinance or parts of ordinances in
conflict with this Ordinance are hereby superseded.
SECTION 4: Severability. If any section, subsection,
subdivision, paragraph, sentence, clause, phrase, or word in this
Ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part
thereof. The City Council hereby declares that it would have adopted
this Ordinance and each section, subsection, subdivision, paragraph,
sentence, clause or phrase thereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs,
- 2 -
sentences, clauses, phrases or words be declared unconstitutional, or
invalid, or ineffective.
SECTION 6: Book of Ordinances. The City Clerk shall
attest and certify to the adoption of this Ordinance and shall cause
this Ordinance and the City Clerk's certification to be entered in
the Book of Ordinances of the Council of this City. The City Clerk
shall cause this ordinance to be published or posted as required by
law.
SECTION 7: Effective Date. This Ordinance shall go into
effect and be in full force and effect at 12:01 a.m. on the thirty-
first (31st) day after its passage.
APPROVED AND ADOPTED this day of May, 2010.
ATTEST:
lard G. Yamaguchi, City Clerk
Name:
Title: Mayor / Mayor Pro-Tem
- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Ordinance, being Ordinance No. 1168
was duly and regularly introduced at a meeting of the City Council of
the City of Vernon, held in the City of Vernon on Monday,
May 17, 2010, and thereafter adopted at a meeting of said City
Council held on Monday, 2010, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
And thereafter was duly signed by the Mayor or Mayor Pro-Tem of
the City of Vernon.
Executed this day of
2010, at Vernon, California.
WILLARD G. YAMAGUCHI, City Clerk
(SEAL)
- 4 -
Ile
(t C' cj1�It�Yd/�`RECEIVED
MAY 2 0 2010
CITY CLERK'S OFFICE
STAFF REPORT
City Attorney Department
DATE: May 19, 2010 p
TO; Honorable Mayor and City Council
FROM: Laurence S. Wiener, City Attorney
RE: Ordinance No. 1168
Background:
Ordinance No. 1168 was introduced at the City Council meeting held on May 17, 2010.
Upon introduction, the Ordinance was amended by the City Council to provide that the
City Council will henceforth meet on the first and third Mondays of each month and that
the City Council will hold two meetings on these days. The first meeting will begin at
8:00 a.m. and will include matters related to the Light and Power Department. The
second meeting will begin at 9:00 a.m., or as soon thereafter as the first meeting ends,
and will include all other matters of City Council business.
Recommendation:
It is recommended that the City Council adopt Ordinance No. 1168 at the May 24, 2010
meeting:
Impact:
If the City Council adopts this Ordinance on May 24t", it will become effective 30 days
later, June 23d. Therefore, no meeting will be held the following Monday, June 28t", as
June 28th will be the fourth Friday of the month. The following Monday, July 51h, will be
a holiday and the first meetings under the new schedule will therefore occur on July
12th
C E! L. -P I
MAY 1 9tr;�l
ORDINANCE NO. 1168
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING SECTION 2.1 OF THE VERNON CITY
CODE RELATING TO THE TIME, PLACE AND AGENDA
TOPICS OF CITY COUNCIL MEETINGS
WHEREAS, Section 2.1 of Article I of Chapter 2 the Vernon
City Code provides that the regular meetings of the City Council
shall be held every Monday at 9:00 a.m.; and
WHEREAS, the City Council of the City of Vernon desires to
set an earlier meeting time for regular meetings of the City Council
covering matters relating to the Light & Power Department; and
WHEREAS, the City Council of the City of Vernon desires to
set a second regular meeting to immediately follow the Light & Power
Department meeting covering all other matters.
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: Section 2.1 of Article I of Chapter 2 of the
Vernon City Code is hereby amended and restated in its entirety to
read as follows:
"Sec. 2.1. Time, place and topics of council meetings.
(a) There shall be two regular meetings of the City Council
of the City of Vernon held in the City Council Chamber
at the City Hall located at 4305 Santa Fe Avenue in the
City of Vernon, California on the first and third
Monday of each month. The first regular meeting shall
convene at the hour of 8:00 a.m., and shall be limited
to agenda items regarding matters relating to the Light
& Power Department. The second regular meeting shall
convene at the hour of 9:00 a.m., or as soon thereafter
as the first regular meeting may adjourn, and shall be
limited to agenda items regarding any matter other than
those relating to the Light & Power Department.
(b) If the regular meetings of the City Council are
scheduled to fall on a recognized holiday, the meetings
shall be cancelled for that week and take place on the
next regularly scheduled Monday, at the same time and
place.
(c) If a regularly scheduled meeting of the City Council is
adjourned due to a lack of quorum, the adjourned
meeting shall be cancelled for that week and take place
on the next regularly scheduled Monday, at the same
time and place."
SECTION 3: Any ordinance or parts of ordinances in
conflict with this Ordinance are hereby superseded.
SECTION 4: Severability. If any section, subsection,
subdivision, paragraph, sentence, clause, phrase, or word in this
Ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance -or any part
thereof. .The City Council hereby declares that it would have adopted
this Ordinance and each section, subsection, subdivision, paragraph,
sentence, clause or phrase thereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, phrases or words be declared unconstitutional, or
- 2 -
invalid, or ineffective.
SECTION 5: Book of Ordinances. The City Clerk shall
attest and certify to the adoption of this Ordinance and shall cause
this Ordinance and the City Clerk's certification to be entered in
the Book of Ordinances of the Council of this City. The City Clerk
shall cause this ordinance to be published or posted as required by
law.
SECTION 6: Effective Date. This Ordinance shall go into
effect and be in full force and effect at 12:01 a.m. on the thirty-
first (31st) day after its passage.
APPROVED AND ADOPTED this 24th day of May, 2010.
ATTEST:
WILLARD G. YAMAGUCHI, City Clerk
Name:
Title: Mayor / Mayor Pro-Tem
- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES }
I, WILLARD G. YAMAGUCHI, City Clerk of the City of Vernon, do
hereby certify that the foregoing Ordinance, being Ordinance No. 1168
was duly and regularly introduced at a meeting of the City Council of
the City of Vernon, held in the City of Vernon on Monday,
May 17, 2010, and thereafter adopted at a meeting of said City
Council held on Monday, May 24, 2010, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
And thereafter was duly signed by the Mayor or Mayor Pro-Tem of
the City of Vernon.
Executed this day of ,.2010, at Vernon, California.
WILLARD G. YAMAGUCHI, City Clerk
(SEAL)
- 4 -
VERNON
CHAMBER OF COMMERCE
Educate • Advocate • Engage
OFFICERS
TOM ANDERSEN
Chairman of the Board
JIM BOLTINGHOUSE
Vice Chair/Finance
JAMES ANDREOLI, JR
Vice Chair
JULIET GOFF
Vice Chair
JOHN MANIATAKIS
Vice Chair
JOHN NORTON
Vice Chair
BILL SCHNEIDER
Vice Chair
JON STARTZ
Vice Chair
MARISA OLGUIN
President/CEO
DIRECTORS
TOM ANDERSEN
Morgan Stanley
ALMAARREDONDO
United Steel Fence Company
PHILLIP ATTALLA
NAI Capital
JIM BOLTINGHOUSE
Sweetener Products
HOWARD CHOI
Neptune Foods
PETER CORSELLI
U.S. Growers Cold Storage
SALLY DAVIDSON
Thermo King of Southern California
PETER DRAKE
Bank of America
CLAREEMERSON
Air Products & Chemicals
STEVE FREED
Mt. Vernon Industrial, Inc.
JULIET GOFF
KAL Plastics
PETE de GRANDIS
The Union Ice Company
JOHN INGRASSIA
Preferred Freezer
GLENN KRISKE
Walters Wholesale Electric
GREGLONGSTREET
Farmer John Meats, LLC
JOHN MANIATAKIS
NI Industries
ROSE NORDBROCK
Venbrook Insurance Service
JOHN NORTON
All American Manufacturing
KENNETH OLDMIXON
Siemens Water Technologies
STEVE SCHAFFER
Steel Services Grinding
BILL SCHNEIDER
World Variety Produce/Melissa's
JON STARTZ
National Food Service
3301 S SANTA FE AVENUE
VERNON, CA 90053
P 323 583 3313
F 323 583 0704
www.vernonchamber.org
May 16, 2010
Vernon City Council
Vernon, California
RECEIVED
MAY 17 2010
CITY CLERK'S OFFICE
Honorable City Councilmen of Vernon:
I am writing to you regarding proposed Ordinance 1168.
The proposed ordinance would move the start of city council meetings from 900 a.m. to
8:30 a.m. on Mondays (excepting holidays).
This seemingly insignificant change only exacerbates an ongoing concern of the business
community, "the public" that you serve. This concern involves California's Brown Act, and
the ability of the public to respond to proposed changes by governmental entities at all
levels.
The Brown Act was put in place, in part, to provide persons a reasonable period of time to
view, study, and create a response to proposed changes to codes and laws that may have
an impact on the public. As things now stand, the public only has an opportunity to view the
agenda outline; without details, when it is posted late in the day on Thursday prior to the
meeting on Monday. Since the clerk's office is closed on Friday, opportunity to study the
agenda details can only be done on Monday.
This means that someone seeking to know about a change that may affect them, only has
one to two hours on Monday to study the change in detail, and then prepare a response.
Although this may follow the letter of the Brown Act, it has the practical effect if denying
the public an opportunity to respond to changes that may have an effect on them and their
businesses.
If you want to start the Council meetings at 8:30 a.m., that is fine. However, I would
urge you to consider moving the Council meeting day to Tuewsday from Monday.,
This way, the city would avoid the appearance of trying to evade the BrownAct;.
194
Sincerely,
Tom Andersen
Chairman of the Board, Vernon Chamber of
40
STAFF REPORT
City Attorney Department
DATE: June 9, 2010
TO: The Honorable Mayor and Members of the City Council
FROM: Laurence S. Wiener, City AttorneY �X0
C
CC: Donal O'Callaghan, City Administrator
RE: City Council Meeting Date Following the July 5t" Holiday
Background:
With the adoption of Ordinance No. 1168, regular meetings :of the City Council will now
take place on the first and third Monday of every month. In the event a regularly
scheduled meeting falls on a City holiday, the Ordinance further provides that "the
meetings shall be cancelled for that week and take place on the next regularly
scheduled Monday, at the same time and place." The phrase "next regularly scheduled
Monday" refers to the Monday on which the next regularly scheduled meeting of the City
Council would occur.
Monday, July 5t" is a City holiday. In my staff report dated May 19, 2010, I indicated
that the first meeting under the new schedule would occur on July 12th. The report
should have read that the first regular meeting under the new schedule will occur on
July 19th.
Recommendation:
Due to the July 5t" City holiday, the meeting scheduled for July 5t" will be automatically
cancelled, per Ordinance No. 1168. The next regular City Council meeting following the
holiday will occur on July 19, 2010. No City Council action is required at this time.
C �� Vni,
JUN 1 0 2010
&BY _ CSO
Juarez, Debbie
From: Enomoto, Kristen
Sent: Wednesday, May 26, 2010 7:03 AM
To: Gena Stinnett'
Cc: Yamaguchi, Willard; Laurence S. Wiener; Juarez, Debbie; Muro, Evangelina
Subject: Publication and Posting Requirements for Ordinances, Once Adopted
Thank you, Gena. We will not publish or post ordinance 1168 or any future ordinances
unless the requirements change.
Kristen
-----Original Message -----
From: Gena Stinnett [mailto:gstinnett@rwglaw.com]
Sent: Tuesday, May 25, 2010 5:36 PM
To: Enomoto, Kristen
Cc: Yamaguchi, Willard; Laurence S. Wiener
Subject: RE: Publication and Posting Requirements for Ordinances Once Adopted
Hi Kristen:
No need to publish or post Ordinance 1168,
Section_1 10 of the VCC is poorly written, and we may revise when the opportunity presents
itself. Basically, the code provision requires the posting'of notices as required by
State law or the 'ordinances df the City. So if the ordinances of the city require
posting, Section 1.10 specifies :where to post. Since neither state law nor the
ordinances of the City require posting, we do not have to post.
Best regards,
=Gena=
-----Original Message- --
From: Enomoto, Kristen [ma.ilto:Kenomoto@ci.vernon.`ca.us]-
Sent: Tuesday, May 25, 2010 3:15 PM
To: Gena Stinnett
Cc: Yamaguchi, Willard; Laurence S. Wiener
Subject: Publication and Posting Requirements for Ordinances Once Adopted
Hi Gena,
Willard and I are unclear on what our publication and/or posting requirements are, if any,
.for ordinances once they are adopted. If it's easier or taster to explain over the phone,
please give me a call when you have a chance.
I am aware that ordinance summaries were being published each time an ordinance was
adopted from the.time the Vernon Sun was established as the newspaper of.general
circulation (basically, January 2.009) through June. 2009,
From July 2009 through the present, including, the last ordinance adopted
(1161 in February 2010), we have been posting copies in the three publicplacesidentified
in Section 1.10 of the VCC.
However, based on your explanation/'interpretation below, it sounds like we are not
required to publish or post ordinances/ordinance summaries upon their adoption. Is this
accurate?
How do we. know or `determine when, if ever, federal or state law requires such publication
and/or posting?
In particular, what are our requirements with regard to Ordinance 1168 (attached), which
1
was adopted yesterday?
Thank you for your help.
Kristen Enomoto
Deputy City Clerk
City of Vernon
4305:Santa .Fe Avenue
Vernon,. CA 90058
Phone; 323-583-8811 Ext. 398
E-mail: kenomoto@ci.vernon.ca.us
- ---Original message -----
From: Laurence S. Wiener [mailto:LWiener@rwglaw.com],
Sent; Tuesday, September 22, 2009 5:41 PM
To; Gena Stinnett; Lehr, Judy
Cc; Yamaguchi, Willard; Christopher J. Diaz; Giron, Nelly
Subject: Re Water Conservation Ordinance
I would add that, in terms of proof of publication., I believe that most City Clerks cut
out of the newspaper the publication and file it with the ordinance. Nelly may already be
doing this. I think that would be a better practice than relying on publication language.
I agree with Gena that we should not cede our charter authority by referring to the
government code for the process to adopt an ordinance.
---- Original Message -----
From: Gena Stinnett
To: 'Lehr, Judy.' <JLehr@ci.vernon.ca.us>
Cc: Yamaguchi, Willard <WYamaguchi@ci.vernon.ca.us>; Christopher J.
Diaz; Laurence S. Wiener; Nelly Giron (E-mail) <ngiron@ci.vernon.ca.us>
Sent: Tue Sep 22 17:20:58 2009
Subject: RE: Water Conservation Ordinance
Hi Judy,
You asked why we eliminated from the Water Conservation' Ordinance the section discussing
publication of the ordinance based upon Section 36933 of the Government Code. You are
concerned that the City Clerk will not know whether she is obligated to publish.the
ordinance without that language.
First, if there is any question about whether a particular ordinance must be published, we
will be happy to answer that question for the City Clerk. -
Second, we believe that Section 36933 does not apply to charter cities, so we eliminated
any reference to it in the Ordinance. The City Clerk is required to publish the ordinance
only if the Charter or the VCC requires it (or, as discussed below, another provision of
state law so
requires).
Chapter 4.2 of.the Charter provides the procedure for adoption of an ordinance, and
indicates "[t]he city council may provide by ordinance for any publication or posting of
ordinances as it deems appropriate."
Section 1.9.3 of the VCC provides that publication is required if state.law applicable to
a.particular type of ordinance so requires publication. We view Section 36933 as not
incorporated by Section 1.9-3, as Section 36933 is applicable generally; and not to a
"particular type of ordinance" as required forSection1.9-3 to apply'.
Aside from Section 1.9-3 of the VCC, no other provision of the VCC requires publication or
posting. Section 1.9-1 only provides the method if an ordinance requires publication, but
does not imppse a publication requirement.
Please let me know if I can be of further assistance.
Best regards,
2
Gena M. Stinnett
Richards Watson & Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, CA 90071-3101
Voice; 213.253.0240
Facsimile: 213.626.0078
-- --Original Message7 ---
From:.Lehr, Judy [mailto:JLehr@ci.vernon.ca.usJ
Sent Tuesday, September 22, 2009 2:36 PM
To: Gena Stinnett; Christopher J. Dian
Cc: Yamaguchi, Willard
Subject: RE: Water Conservation Ordinance
Gena,
I noticed that you took out our normal paragraph respecting publication and just said that
the Clerk shall cause the ordinance to be published or posted as required by law._
Shouldn't paragraph instruct the Clerk which one will be required for the particular
ordinance otherwise, how will she know?
Before adoption of Ordinance 1152, our standard paragraph was:
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 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
cornier 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.
Judy Lehr
City Attorney Dept., City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Work: (323) 583-8811 x 366
Fax: (323) 826-1438
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