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20210608 Special City Council Agenda Packet Agenda City of Vernon Special City Council Meeting Tuesday, June 08, 2021, 09:00 AM City Hall, Council Chamber 4305 Santa Fe Avenue Vernon, California Melissa Ybarra, Mayor William Davis, Mayor Pro Tem Carol Menke, Council Member Diana Gonzales, Council Member Leticia Lopez, Council Member MEETING ATTENDANCE PROTOCOLS Based on California Department of Public Health guidelines and in accordance with Governor Newsom's Executive Order N-29-20, City Council meetings will transition to a hybrid format that includes both in-person and Zoom public participation. Physical distancing and reduced capacity in the Council Chambers will be enforced. Additionally, temperatures will be taken upon entry and masks must be worn in City Hall. The public is encouraged to view the meeting at http://www.cityofvernon.org/webinar-cc or by calling (408) 638-0968, Meeting ID 995-7309-2069#. You may submit comments to PublicComment@ci.vernon.ca.us with the subject line “June 8, 2021 Special City Council Meeting Public Comment Item #__.” Comments received prior to 8 a.m., Tuesday, June 8, 2021, will be read into the record. CALL TO ORDER FLAG SALUTE ROLL CALL APPROVAL OF THE AGENDA ELECTION 1. City Clerk Results of the City of Vernon June 1, 2021 Special Municipal Election Recommendation: Adopt Resolution No. 2021-17 reciting the facts of the Special Municipal Election held on June 1, 2021, declaring the results and such other matters as provided by law. 1. Resolution No. 2021-17 Special City Council Meeting Agenda June 08, 2021 Page 2 of 2 PUBLIC COMMENT Members of the public interested in addressing the City Council during this Special Meeting may address any item which has been described in the notice of this Special Meeting before or during consideration of that item in accordance with Government Code S ection 54954.3(a). For Closed Session matters members of the public shall be provided an opportunity to address the City Council before the Council recesses into Closed Session. ORAL REPORTS City Administrator Reports on Activities and other Announcements. City Council Reports on Activities (including AB1234), Announcements, or Directives to Staff. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the bulletin b oard at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe Avenue, Vernon, California, and on the City’s website, not less than 24 hours prior to the meeting set forth on this agenda. Dated this 4th day of June, 2021. By: __________________________________ Sandra Dolson, Administrative Secretary City Council Agenda Item Report Agenda Item No. COV-617-2021 Submitted by: Lisa Pope Submitting Department: City Clerk Meeting Date: June 8, 2021 SUBJECT Results of the City of Vernon June 1, 2021 Special Municipal Election Recommendation: Adopt Resolution No. 2021-17 reciting the facts of the Special Municipal Election held on June 1, 2021, declaring the results and such other matters as provided by law. Background: On March 2, 2021, the City Council adopted Resolution No. 2021-02 Calling the Special Municipal Election for the submission of the question of recall of Diana Gonzales and Carol Menke and the election of two City Council Members to fill the vacancies if the recall prevails. On June 1, 2021, the Special Municipal Election was held in conformance with the City Charter, Vernon Municipal Code, California Election Code, and the Federal Voting Rights Act. Ballots received as of close of polls on Election Day were canvassed on Election Night and a second canvass was conducted on June 3, 2021. Pursuant to Elections Code Section 10263, the City Council must adopt a resolution reciting the facts of the election. The Certificate of Canvass, Exhibit A to the resolution, declaring the results of the election, provides details of the results including the total of votes cast for and against the recall of Council Members Diana Gonzales and Carol Menke and the election of City Council candidates Crystal Larios and Judith Merlo. Following adoption of the resolution reciting the election results, it would be appropriate to administer the oath of office. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Resolution No. 2021-17 RESOLUTION NO. 2021-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, RECITING THE FACTS OF THE SPECIAL MUNICIPAL RECALL ELECTION HELD ON JUNE 1, 2021, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW SECTION 1. Recitals. A. A Special Municipal Election was held in the City of Vernon, California, on Tuesday, June 1, 2021, for the purpose of submitting to the voters the proposal to recall Council Members Diana Gonzales and Carol Menke, and if said Council Members were recalled, to elect successors. B. Notice of the Election was given in time, form and manner as provided by law; candidates were nominated to fill the vacancy as required by law; voting precincts were properly established; election officers were appointed; and in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in the time, form and manner as required by the provisions of the City Charter, Municipal Code, and Elections Code of the State of California for the holding of elections in charter cities. C. The City Clerk canvassed the returns of the election and has certified the results to the City Council, which certification and results are received, attached and made a part hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 3. The whole number of ballots legally cast for the Special Municipal Election held on June 1, 2021, was eighty-one (81). SECTION 4. The ballot consisted of the following recall questions: Shall Diana Gonzales be recalled (removed) from the office of City of Vernon Council Member? Shall Carol Menke be recalled (removed) from the office of City of Vernon Council Member? Resolution No. 2021-17 Page 2 of 4 _______________________ SECTION 5. The names of the persons voted for at the Special Municipal Election should Diana Gonzales be recalled, in order as they appeared on the official ballot, are as follows: Judith Merlo SECTION 6. The names of the persons voted for at the Special Municipal Election should Carol Menke be recalled, in order as they appeared on the official ballot, are as follows: Crystal Larios SECTION 7. The City Clerk canvassed the returns of the election and certified the results to the City Council, which certification and results are received and accepted, attached and made a part hereto as Exhibit A. SECTION 8. The City Council of the City of Vernon hereby declares the following election results: Diana Gonzales was recalled from office. Judith Merlo was elected as member of the City Council to fill the seat vacated by the recall of Diana Gonzales for the partial term ending April 2025. Carol Menke was recalled from office. Crystal Larios was elected as member of the City Council to fill the seat vacated by the recall of Carol Menke for the partial term ending April 2024. SECTION 9. The City Clerk shall immediately make and deliver to the person s so elected a Certificate of Election signed by the City Clerk and authenticated. SECTION 10. The City Clerk shall also administer to the person elected the Oath of Office prescribed in the Constitution of the State of California and shall have him or her subscribe to it and file it in the Office of the City Clerk. The persons so elected shall then be inducted into the respective office to which they have been elected. Resolution No. 2021-17 Page 3 of 4 _______________________ SECTION 11. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED this 8th day of June, 2021. _____________________________ MELISSA YBARRA, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: _________________________________ ARNOLD M. ALVAREZ-GLASMAN, Interim City Attorney EXHIBIT A CITY OF VERNON JUNE 1, 2021 SPECIAL MUNICIPAL ELECTION CERTIFICATION OF CANVASS I, Lisa Pope, City Clerk of the City of Vernon, California, do hereby certify that I have canvassed the returns of the Special Municipal Election held on June 1, 2021, and find that the number of votes cast were as follows: TO ELECT JUDITH MERLO if Gonzales is recalled 1st Count June 1, 2021 2nd Count June 3, 2021 Total 53 0 53 Total Votes 53 0 53 TO RECALL CAROL MENKE 1st Count June 1, 2021 2nd Count June 3, 2021 Total Yes 59 0 59 No 20 2 22 Total Votes 79 2 81 TO ELECT CRYSTAL LARIOS if Menke is recalled 1st Count June 1, 2021 2nd Count June 3, 2021 Total 55 0 55 Total Votes 55 0 55 Registered Voters 120 These results are official and reflect all ballots received. The results will be certified and the new Council Members sworn in at the Special City Council meeting on Tuesday, June 8, 2021. Lisa Pope, City Clerk June 4, 2021 Voter Turnout 81 (68%) TO RECALL DIANA GONZALES 1st Count June 1, 2021 2nd Count June 3, 2021 Total Yes 56 0 56 No 23 2 25 Total Votes 79 2 81