Ordinance No. 10791 ORDINANCE NO. 1079
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON
TO PERMIT THE USE OF THE MAILED BALLOT ON AN
3 ESTABLISHED ELECTION DATE AND DECLARING THAT SAID
ORDINANCE SHALL TAKE EFFECT IMMEDIATELY
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5 WHEREAS, the City of Vernon has less than 1,000 residents who
6 are eligible to vote in the regular election of the City Council; and
7 WHEREAS, the City of Vernon may make use of the mailed ballot
8 provisions in California Elections Code Section 4000; and
9 WHEREAS, the City of Vernon has used the mailed ballot
10 provision, consistent with the statutory requirement of Elections Code
it Section 4000; and
12 WHEREAS, Elections Code Section 1502 was changed by the
13 legislature in 1994 and provides that no mailed ballot election may be
14 held on one of the established election dates set forth in Chapter 1
15 (commencing with Section 1000) of Division 1, except as provided in
16 Section 1500; and
17 WHEREAS, Elections Code Sections 1500 and 1501 prescribe the
18 procedures to be used in special district elections; and
19 WHEREAS, Elections Code Sections 1500 and 1501 do not pertain
20 to municipal elections; and
21 WHEREAS, with the change in Elections Code Section 1502 there
22 is now an ambiguity in the language in Section 1502, though it is
23 placed along with Sections 1500 and 1501 pertaining to special
24 districts, it refers to special districts as do the preceding and
25 succeeding Elections Code Sections; and
26 WHEREAS, Chapter 5.1 of the Charter of the City of Vernon
27 provides that general municipal elections shall be held in the City on
28 the second Tuesday of April in even numbered year; and
1 WHEREAS, Chapter 3.4 of the Charter of the City of Vernon
2 provides that the regular election of Councilmembers shall be held on
3 the second Tuesday of April in each even numbered year; and
4 WHEREAS, Elections Code Section 1000 establishes the second
5 Tuesday of April in each even -numbered year as an established election
6 date; and
7 WHEREAS, an argument could be made that Elections Code
8 Section 1502 and not Elections Code Section 4000, is applicable to the
9 City of Vernon's general municipal election; and
10 WHEREAS, it is the desire and the intent of the City Council
11 that the mailed ballot process be used in the regular election of the
12 City Council, in addition to any other municipal elections, in order
13 to facilitate voter participation; and
14 WHEREAS, Chapter 5.3 of the Charter of the City of Vernon
15 provides (1) that the City Council is authorized to adopt by ordinance
16 procedures governing municipal elections, (2) that until the City
17 Council adopts by ordinance provisions governing municipal elections,
18 all elections shall be held in accordance with the general laws of the
19 State of California, and (3) that if an ordinance respecting municipal
20 elections is adopted by the City Council thereby superseding certain
21 provisions of the general laws governing municipal elections, the
22 general laws not so superseded as they may exist from time to time
23 shall be applicable unless and until the City Council shall take
24 action otherwise; and
25 WHEREAS, out of an abundance of caution and in order to avoid
26 any conflict with the possible application of Elections Code Section
27 1502 to the City's general election, the City Council is adopting this
28 Ordinance to clarify the ambiguity in the language of Elections Code
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I Sections 1502 and 4000; and
2 WHEREAS, Chapter 4.3 of the Charter of the City of Vernon
3 allows an ordinance to be introduced and adopted at one meeting if it
4 relates to an election.
5 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
6 SECTION 1: The City Council of the City of Vernon hereby
7 finds and determines that the recitals contained hereinabove are true
8 and correct.
9 SECTION 2: The mailed ballot procedure may be used in a
10 municipal election which occurs on an established election date.
11 SECTION 3: There being no newspaper printed, published or
12 circulated in the City of Vernon, the City Clerk is hereby directed to
13 certify to the passage of this ordinance and shall post the same, or
14 cause the same to be posted, within fifteen (15) days after its
15 passage in accordance with Section 36933 of the Government Code, as
16 well as Vernon Code Section 1.9 and Section 1.10, in three (3) of the
17 most public places in the City of Vernon, to wit: the northwest corner
18 of 38th Street and Santa Fe Avenue, the northeast corner of Leonis
19 Boulevard and Pacific Boulevard, and on the bulletin board in the
20 lobby of the City Hall of said City, located at 4305 Santa Fe Avenue,
21 all in the City of Vernon, County of Los Angeles, State of California.
22 SECTION 4: Pursuant to Chapter 4.3(a) of the Charter of the
23 City of Vernon, this Ordinance shall be introduced and adopted at one
24 regular or special meeting of the City Council and shall be in full
25 force and effect immediately upon adoption.
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I APPROVED AND ADOPTED this 23rd day of November, 1999.
2 ,
3 EONIS C. MAL URG, M yor
4 ATTEST•
BRUCE V. MALKENHORST, City Clerk
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281
STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES)
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Ordinance, being Ordinance No. 1079,
was duly and regularly introduced at an adjourned regular meeting of
the City Council of the City of Vernon, held on Tuesday, November 23,
1999, and thereafter was duly signed by the Mayor of the City of
Vernon, by the following vote:
AYES: ALL Councilmen: Malburg, Ybarra, Davis
Gonzales, McCormick
(SEAL)
NOES: NONE
Councilmen:
ABSENT: NONE Councilmen:
BRUCE V. MALKENHORST, City Clerk
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SUPPORTING
DOCUMENTS
CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, Gloria J. Orosco, Chief Deputy City Clerk of the
City of Vernon, County of Los Angeles, State of California, do
hereby certify that the attached is a true and correct copy of
the.
ORDINANCE NO. 1079 - An Ordinance of the City Council
of the City of Vernon to Permit the Use of the Mailed
Ballot on an Established Election Date and Declaring
that Said Ordinance Shall Take Effect Immediately.
The original of same is on file in the office of the
City Clerk of the City of Vernon, said offices being in the City
of Vernon, County of Los Angeles, State of California.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the Official Seal of the City of Vernon, County of Los
Angeles, State of California, on this 30th day of November, 1999.
Gloria J. osco
Chief Deputy City Clerk
0
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 on the 30th day of
November, 1999, I posted three (3) copies each of:
ORDINANCE NO. 1079
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 Blvd.; 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.
Gloria J. 0 sco
Chief DepuCity Clerk
Date:
Subscribed and sworn to before
me this k�-of 1999
5i 1AROt\
+ Commissic)- 1225,459 Z
NotaryPubu�� a?omio � Notary Public in and for the
Los Ang p .• jntV r County of Los Angeles, State of
omrn, x ! 2003
, California