Ordinance No. 1019
1
ORDINANCE NO.1 019
2
3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING THE CODE OF THE CITY OF VERNON,
CALIFORNIA, 1959, BY ADDING ARTICLE XII AND NEW
SECTION 2.90 TO CHAPTER 2 OF SAID CODE REGARDING
CITY COUNCIL ELECTIONS
4
5
WHEREAS, the city Council has the authority pursuant to
Section 5.3 of Article V, Elections, of the Charter of the City of
6
7
Vernon to adopt by ordinance procedures governing municipal
8
elections, and in lieu thereof all elections shall be held in
9
accordance with the general laws of the State of California; and
lO
WHEREAS, section 22601 of the Elections Code of the State
11
of California provides that a city charter shall govern municipal
l2
elections; and
l3
section
22843.5
regarding
Elections
Code
WHEREAS,
l4
uncontested regularly scheduled elections was amended, effective
15
January 1, 1994, to limit the time in which a governing body of a
16
city may make an appointment of a nominee in an uncontested
l7
municipal election to the 75th day before the municipal election;
l8
and
19
WHEREAS, such time limit places an unnecessary constraint
20
upon the power of the City Council to make such appointments, and
2l
the previous limitation of the 50th day before the municipal
22
election was reasonable; and
23
WHEREAS, the other provisions of Elections Code section
24
22843.5 are reasonable.
25
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
26
SECTION 1: The City Council of the City of Vernon hereby
27
finds and determines that the recitals contained hereinabove are
28
true and correct.
1
SECTION 2: The city Council of the City of Vernon hereby
2
amends Chapter 2 of the Code by adding Article XII, City council
3
Elections, and section 2.90 to read as follows:
4 Sec. 2.90. Appointment of council members in uncontested elections.
5
6
The following part of subdivision (a) (3) of section 22843.5
of the Elections Code of the State of California shall not apply in
7
the City of Vernon municipal election:
8
"Notwithstanding section 23302, if, by the 75th
day before the municipal election, no person has
been appointed to office pursuant to paragraph
(1) or (2), the election shall be held."
9
10
II
Instead, the following shall apply as if it were a part of
said section:
12
13
"Notwithstanding section 23302, if, by the 50th
day before the municipal election, no person has
been appointed to office pursuant to paragraph
(1) or (2), the election shall be held."
l4
l5
SECTION 3: Any ordinance, part of an ordinance, or code
16 section in conflict with this Ordinance is hereby repealed.
17
SECTION 4: If any section, subsection, sentence, clause,
18 or phrase or word of this ordinance is for any reason held to be
19 void or unconstitutional, such decision shall not affect the
20 validity of the remaining portions of this ordinance; it being the
21 intention of the City Council of the City of Vernon to adopt and
22 pass this ordinance and each section, subsection, sentence, clause
23 or phrase thereof irrespective of the fact that one or more of the
24 sections, subsections, clauses, sentences or phrases thereof may be
25 declared void or unconstitutional.
26
SECTION 5: There being no newspaper printed, published or
circulated in the City of Vernon, the City Clerk is hereby directed
27
28
to certify to the passage of this ordinance and shall post the same,
-2-
1
or cause the same to be posted, within fifteen (15) days after its
2
passage in accordance with Section 36933 of the Government Code, in
3
three (3) of the most public places in the city of Vernon, to wit:
4
the northwest corner of 38th Street and Santa Fe Avenue, the
5
northeast corner of Leonis Boulevard and Pacific Boulevard, and on
6
the bulletin board in the lobby of the City Hall of said city,
7
located at 4305 Santa Fe Avenue, all in the City of Vernon, County
8
of Los Angeles, State of California.
9
SECTION 6: Pursuant to Section 4.3, Effective Date, of the
10 Charter of the City of Vernon, this Ordinance as an ordinance
11 relating to an election shall be effective upon adoption.
12 APPROVED AND ADOPTED this 7th day of February, 1994.
13
14
15
ATT~_ /w~
BRUCE V. MALKENHORST, City Clerk
16
17
18
19
20
2l
22
23
24
25
26
27
28
-3-
1
STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
2
3
4
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
5
do hereby certify that the foregoing Ordinance, being Ordinance No.
6
1019, was duly and regularly introduced at a regular meeting of the
7
City Council of the City of Vernon, held on Tuesday, February 1,
8
1994, and thereafter finally adopted at an adjourned regular meeting
9
of said City Council held on Monday, February 7, 1994, and
10
11
thereafter was duly signed by the Mayor of the City of Vernon, by
the following vote:
12
AYES:
4
Councilmen: Ybarra, McCormick,
Davis, Gonzales
13
14
o
Councilmen: None
NOES:
15
16
ABSENT:
1
council:4:MalbU/#4/
BRUCE V. MALKENHORST, City Clerk
17
18
19
20
21
(SEAL)
22
23
24
25
26
27
28
-4-
SUPPORTING
DOCUMENTS
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of
Vernon do hereby certify that I did, on the 9th day of February, 1994,
have posted three (3) copies of:
Ordinance No. 1019 of the City of Vernon
~
One in each of the following places, to wit: at the northwest corner
of 38th Street and Santa Fe Avenue; the northeast corner of Leonis
Blvd. and Pacific Blvdi and on the bulletin board in the lobby of the
City Hall of the City of Vernon located at 4305 Santa Fe Avenue, all
in said City, there being no newspaper of general circulation printed
and published in the City of Vernon.
Date: 2/9/94 q~<t/ritJ/Ul44A
G~ria J .,/'9 osco
Chief Deptity City Clerk
State of California )
)ss
County of Los Angeles)
On
~~l..lC\.~ 0.., \ Q:l\.\-
before me,
,S\l.a.R~ L, Y)u..C'\:-;l..u0'\~
(notary public)
personally appeared Goi.\o..::::r-: OROSC0.
(name of signatory)
personally known to me (or known to me on the basis of satisfactory
evidence) to be the person whose name is/are subscribed to the
within instrument and acknowledged to me that he/she executed the
same in his/her authorized capacity and that by his/her signature
on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal:
~s.e~-m)..,~~~
,~~7""~,
OFFICiAL ~., ~
~'-lARON L. r;!J.' ~H
: ;:)tcry Pu':;' ~:a
"):) I\NGELl,~ , ..Y
:.~y Ccmmlss.c" "-;,()S
Juno 9 1
WP/Misc:AfdvtPst.g