Resolution No. 2012-176RESOLUTION NO. 2012-176
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPOINTING DANA W. REED TO SERVE AS THE
ACTING CITY CLERK OF THE CITY OF VERNON, APPROVING
A RELATED ADDENDUM TO THE REED & DAVIDSON
AGREEMENT, AND CERTAIN OTHER PERSONNEL ASSIGNMENTS
WHEREAS, on May 7, 2007, the City Council of the City of
Vernon adopted Resolution No. 9312 appointing Willard G. .Yamaguchi as
Risk Manager; and
WHEREAS, on March 1, 2010, the City Council of the City of
Vernon adopted Resolution No. 2010-32 appointing Willard G. Yamaguchi
as City Clerk; and
WHEREAS, Willard G. Yamaguchi also serves the City as Chief
Deputy City Attorney; and
WHEREAS, it is in the best interest of the City that Mr.
Yamaguchi serve exclusively as Chief Deputy City Attorney; and
WHEREAS, on May 26, 2011, by minute order, the City Council
of the City of Vernon approved the execution of an Agreement with Reed
& Davidson to provide legal services to the City (the "Agreement");
and
WHEREAS, on August 2, 2011 and November 1, 2011 the City
Council of the City Vernon, by minute order, approved Addenda to the
Agreement; and
WHEREAS, Dana W. Reed and the firm of Reed & Davidson, LLP
are currently serving the City as legal counsel; and
WHEREAS, the City Council of the City of Vernon desires to
appoint Dana W. Reed to serve as Acting City Clerk while the City
conducts an executive recruitment to fill the position of City Clerk on
a permanent basis; and
WHEREAS, there currently is a need for additional support in
the office of City Clerk as provided in the adopted 2012-2013 City
budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
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
approves the Addendum to the Agreement with Reed.& Davidson, LLP (the
"Addendum"), a copy which is attached hereto as Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Addendum for,
and on behalf of, the City of Vernon and the City Clerk, or Deputy
City Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized, including but not limited
to, any nonsubstantive changes to the Addendum attached herein.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send a copy
of the executed Addendum to Reed & Davidson, LLP.
SECTION 6: The City Council of the City of Vernon,
effective September 4, 2012, hereby removes Willard G. Yamaguchi as
Risk Manager and City Clerk.
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SECTION 7: The City Council of the City of Vernon,
effective September 4, 2012, and pursuant to the Addendum attached
hereto, appoints Dana W. Reed of Reed.& Davidson, LLP to serve as the
Acting City Clerk of the City of Vernon, until such time as the City
Council approves his removal or appoints another person to the
position of City Clerk.
SECTION 8: The City Council of the City of Vernon hereby
authorizes the Acting City Clerk, with the concurrence of the City
Administrator, to hire a part-time Administrative Assistant and/or
retain temporary support services and submit any related documentation
to the City Council for ratification..
SECTION 9: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 4th day of September, 2012.
ATTEST:
Ana BLr6ia, Dep City Clerk
Name: William J. Davis
Title: y�P / Mayor Pro-Tem
_3_
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Ana Barcia, Deputy City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 2012-176,
was duly passed, approved and adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Tuesday, September 4,.2012, and thereafter was duly signed by the Mayor
or Mayor Pro -Tern of the City of Vernon.
Executed this day of September, 2012, at Vernon, California.
(SEAL)
— zlle _�
Ana cia, De y City Clerk
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EXHIBIT A
REED & DAVIDSON, LLP
ATTORNEYS AT LAW
DANA W. REED
3699 WILSHIRE BOULEVARD
CARY DAVIDSON
SUITE 1220
STUART L. LEVITON
FLORA S. YIN
LOS ANGELES, CALIFORNIA 90010-2732
DANIEL K. ABRAMSON
WWW.POLITICALLAW.COM
BOB BURNHAM
OF COUNSEL -
DARRYL R. WOLD'
JERRY MARGARET SIMMONS
'ALSO ADMITTED IN THE DISTRICT OF COLVMBIA
September 4, 2012
Mayor Pro Tem William J. Davis
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Addendum to Agreement with Reed & Davidson, LLP
Dear Mayor Pro Tem Davis:
TELEPHONE (213) 624-6200
FACSIMILE 1213) 623-1602
This document serves as an addendum to the agreement dated May 23, 2011 and the addenda to
that agreement dated July 28, 2011 and October 13, 2011 between the City of Vernon and Reed
& Davidson, LLP.
Under this addendum, the scope of the work described in the original agreement and the addenda
shall be expanded to include the additional services specified herein.
Effective September 10, 2012 Reed & Davidson shall provide City Clerk services in addition to
the legal services specified in original agreement and the addenda thereto. Dana W. Reed shall
be appointed Acting City Clerk and shall be responsible for performing the duties of the Vernon
City Clerk as prescribed in the Vernon Charter, the Vernon City Code and City ordinances and
resolutions. Mr. Reed shall perform those services until such time as the Vernon City Council
appoints a new City Clerk. Such services shall be provided under the terms and conditions
described in the original agreement and the addenda thereto.
Unless terminated earlier, or renewed in writing by the parties, the agreement dated May 23,
2011 and the addenda to that agreement dated July 28, 2011 and October 13, 2011, as well
as this addendum, shall expire on May 23, 2014.
i erplYl
a IIWI1V. ►IReed
Mayor Pro Tern William J. Davis
September 4, 2012
Page 2
To: Reed & Davidson, LLP
We have read and understand the foregoing letter consisting of two (2) pages amending the
original agreement. On behalf of the City of Vernon, we consent to your firm's
representation on the terms and conditions stated in this letter.
Date
APPROVED AS TO FORM:
Willard G. Yamaguchi
Chief Deputy City Attorney
CITY OF VERNON
By: Mayor Pro Tern William J. Davis
IUI0I101..1W
Willard G. Yamaguchi
City Clerk
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, Califomia 90058
Telephone (323) 583-8811
September 5, 2012
Reed & Davidson, LLP
Attn: Dana W. Reed
3699 Wilshire Blvd., Suite 1290
Los Angeles, CA 90010-2732
Re: Addendum to Agreement to Include Additional Services
Dear Mr. Reed:
Transmitted herewith is a fully executed copy of the original addendum as referenced above,
approved by City Council on September 4, 2012, through Resolution No. 2012-176.
If you have any questions regarding this matter, please call Mark Whitworth at (323) 583-8811
ext. 398.
Very truly yours,
Deborah R.Juarez
Records Management Assistant
Enclosure
c: Mark Whitworth
Purchasing Department
Agreement No. 12-094
Ex,cfusivefy Inrfustrikd
REED & DAVIDSON, LLP
ATTORNEYS AT LAW
DANA W. REED
3699 WILSHIRE BOULEVARD
CARY DAVIDSON
STUART L. LEVITON _
SUITE 1290
FLORA S. YIN
LOS ANGELES, CALIFORNIA 90010-2732
DANIEL N. ABRAMSON
WWW.POLITICALLAW.COM
BOB BURNHAM
OF COUNSEL -
DARRYL R. WOLD*
JERRY MARGARET SIMMONS
'ALSO ADMITTED IN THE DISTRICT OF COLUMBIA
September 4, 2012
Mayor Pro Tern William J. Davis
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Addendum to Agreement with Reed & Davidson, LLP
Dear Mayor Pro Tem. Davis:
TELEPHONE (2131 624-6200
FACSIMILE (213) 623-1692
This document serves as an addendum to the agreement dated May 23, 2011 and the addenda to
that agreement dated July 28, 2011 and October 13, 2011 between the City of Vernon and Reed
& Davidson, LLP.
Under this addendum, the scope of the work described in the original agreement and the addenda
shall be expanded to include the additional services specified herein.
Effective September 10, 2012 Reed & Davidson shall provide City Clerk services in addition to
the legal services specified in original agreement and the addenda thereto. Dana W. Reed shall
be appointed Acting City Clerk and shall be responsible for performing the duties of the Vernon
City Clerk as prescribed in the Vernon Charter, the Vernon City Code and City ordinances and
resolutions. Mr. Reed shall perform those services until such time as the Vernon City Council
appoints a new City Clerk. Such services shall be provided under the terms and conditions
described in the original agreement and the addenda thereto.
Unless terminated earlier, or renewed in writing by the parties, the agreement dated May 23,
2011 and the addenda to that agreement dated July 28, 2011 and October 13, 2011, as well
as this addendum, shall expire on May 23, 2014.
i erplyl
a W. Reed
Mayor Pro Tern William J. Davis
September 4, 2012
Page 2
To: Reed & Davidson, LLP
We have read and. understand the foregoing letter consisting of two (2) pages amending the
original agreement. On behalf of the City of Vernon, we consent to your firm's
representation on the terms and conditions stated in this letter.
CITY OF VERNON
9/ i�,��
Date By: Mayor Pro TemvWilliam J. Davis
9VED AS TO FORM: ATTEST:
d G. g hi
Deputy Cit orne
Ana Barcia, Deputy City Clerk
DATE: August29, 2012
TO: Honorable Mayor Pro Tem and City Council
FROM: Mark C. Whitworth, City Administrator
RE: Appointment of Acting City Clerk
Background
In anticipation of the arrival of the newly appointed Human Resources Director and City
Attorney, a number of reorganizational changes have occurred in recent weeks. Further, in line
with the City's good governance reforms, it has been determined that individuals should not hold
multiple executive positions. To those ends, it is recommended that Willard Yamaguchi no
longer serve as the Risk Manager and City Clerk, but remain as the Chief Deputy City Attorney.
It is recommended that Dana Reed be appointed to serve as the Acting City Clerk while the City
conducts an executive recruitment to fill the position on a permanent basis.
As approved in the 2012-2013 fiscal year budget, the Clerk's office is currently in the process of
hiring a part-time assistant to provide needed additional support for the department. It is
anticipated that there may be a need for additional support services on a short-term basis. Due to
the immediacy of these needs, it is requested that the prospective Acting City Clerk, with the
concurrence of the City Administrator,. be authorized to retain such personnel and support
services, and submit any related documentation to City Council for ratification.
As previously mentioned at prior City Council meetings, in line with the elimination of the
wearing of multiple hats, staff will be presenting recommendations regarding executive
recruitments for the Fire Chief and City Clerk positions at a future meeting.
Recommendation
It is recommended that the City Council:
1. Affirm that Willard Yamaguchi serve exclusively as the Chief Deputy City Attorney and
be relieved of the duties of Risk Manager and City Clerk.
2. Appoint Dana Reed as the Acting City Clerk.
3. Approve a related amendment to the contract with Reed & Davidson.
4. Authorize the prospective Acting City Clerk to hire a part-time Administrative Assistant.
5. Authorize the prospective Acting City Clerk to retain temporary support services for the
City Clerk's office.
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STATE OF CALIFORNIA
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CITY, OF VERNON,,COUNTY OF Los ANGELES
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OATH OR AFFIRMATION OF ALLEGIANCE FOR PUBLIC OFFICERS AND EMPLOYEES
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The Execution of this Oath is Required by Article XX, Section 3 of the Constitution of the State of California.
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I Dana Reed do solemnly swear
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(or affirm) that I:wilt support and defend the Constitution of the United States and the Constitution of the State
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of California against all enemies, foreign and, domestic; that I will bear true faith and allegiance to the
Constitution State California; I
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Constitution of the United States and the of the of that take this obligation
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freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the
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duties upon which I am about to enter:
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SUBSCRIBED AND SWORN TO BEFORE ME THIS 4 DAY OF September Zp 12_
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SIGNAT R F OFFICER AD ISTERING OATH
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OFFICER ADMINISTERING OATH GNF PERSON TAKING OATH
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Barcia, Ana
From: Enomoto, Kristen
Sent: Tuesday, May 20, 2014 10:49 AM
To: Barcia, Ana
Subject: Resignation as Interim City Clerk
Ana,
Please place a copy of the following in the Reed & Davidson contract file.
Thank you.
Kristen
Begin forwarded message:
From: Dana Reed <danana,uoliticallaw.com>
Date: May 20, 2014 at 7:45:14 AM PDT
To: Mark Whitworth <MWhitworth6W.vemon.ca.us>
Subject: Resignation as Interim City Clerk
Mark:
For the City's records, this is to confirm that, on November 19, 2013, I provided notice of my
resignation from the position of Interim City Clerk for the City of Vernon, which became
effective November 30, 2013.
Dana Reed
Dana W. Reed
Reed & Davidson, LLP
3699 Wilshire Boulevard, Suite 1290
Los Angeles, CA 90010
direct= (213) 402-4571
cell= (213) 880-9350
home= (760) 779-1466
sent from my iPad