Ordinance No. 1185ORDINANCE NO. 1185
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING CHAPTER 2 OF THE CODE OF THE CITY
OF VERNON RELATING TO SPECIAL MUNICIPAL ELECTION
DATES
WHEREAS, pursuant to Article XI, Section 5 of the California
Constitution, the conduct of city elections is a municipal affair to be
.,controlled by city charters; and
WHEREAS, Chapter 5.3 of the Charter of the City of Vernon
provides that the City Council is authorized to adopt by ordinance
procedures governing municipal elections superseding general laws
governing municipal elections; and
WHEREAS, the City is in the midst of adopting and
implementing governance reform measures requiring amendments of the
City charter by popular vote, and the City seeks the flexibility to
submit these measures to the City's electorate at special elections as
soon as practicable after these reforms are introduced whether on
established election dates or otherwise; and
WHEREAS, the ability of the City to call special elections
expeditiously may become critical in light of a proposed charter
amendment that would prohibit vacancies to be filled by appointment;
and
WHEREAS, pursuant to its authority under the California
Constitution and the Charter of the City of Vernon, it is the intent of
the City Council to amend the municipal code to provide for additional
dates for special municipal elections beyond those expressly
established under general laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON HEREBY
ORDAINS:
SECTION 1: RENUMBERING.
Article XV of Chapter 2 of the Code of the City of Vernon is
hereby renumbered as Article XVI, with the section numbers renumbered
accordingly after including the new provision added by section 2 this
ordinance.
SECTION 2: CODE AMENDED.
Article XV, Section 2.118 of Chapter 2 of the Code of the
City of Vernon is hereby added to read as follows:
"Article XV. Election Dates.
Sec. 2.118. Special municipal election dates.
The city council may, by resolution, order a
special municipal election on a date that is not an
established election date''under the general laws
governing municipal elections. The date of any
special municipal election ordered by the city
council shall otherwise be consistent with the city
charter and general laws governing the conduct of
municipal elections."
SECTION 3: SEVERABILITY.
The City Council declares that, should any portion of this
ordinance be rendered or declared invalid by any final court action in
a court of competent jurisdiction or by reason of any preemptive
legislation, the remaining portions of this ordinance shall remain in
full force and effect.
SECTION 4: PUBLICATION.
The City Clerk shall attest and certify to the adoption of
this Ordinance and shall cause this Ordinance and the City Clerk's
2 -
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 5: IMMEDIATE EFFECT.
Pursuant to Section 4.3 of the Charter of the City of Vernon, the
City Council finds and declares that this ordinance relates to an
election and may be introduced and adopted at one meeting, and shall
take effect immediately.
PASSED, APPROVED, AND ADOPTED this 25th day of August, 2011.
Name: Hilario Gonzales
Title: Mayor P yor ro-
AT -ST :
a
W'llar G. uch , City Clerk
- 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. 1185, was duly and regularly introduced at a meeting
of the City Council of the City of Vernon, held in the City of
Vernon on Thursday, August 25, 2011, and thereafter adopted and
was duly signed by the Mayor or the Mayor Pro--Tem of the City of
Vernon, by the following vote:
AYES: Councilmembers: Mayor Gonzales, Davis,
Maisano, McCormick,
Newmire
NOES: Councilmembers: None
ABSENT: Councilmembers: None -
Executed this q day of August, 2011, at Vernon,
California.
(SEAL)
4 -
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: August 29, 2011
TO: Michael Montgomery, Interim City Attorney
Mark Whitworth, City Administrator/Fire Chief
FROM: Willard Yamaguchi, City Clerk (Jot
RE: Ordinance No. 1185 An Ordinance of the City Council of the City of Vernon
Amending Chapter 2 of the Code of the City of Vernon Relating to Special Municipal
Election Dates
Transmitted herewith is a copy of Ordinance No. 1185 referenced above, which was approved by City
Council on August 25, 2011.
Thank you.
WY:dj
Attachment
c: Ana Barcia
Kristen Enomoto
Ordinance No. 1185
RECEIVED
AUG 2 4 2011
CITY CLEWS oMcE STAFF REPORT
CITY ADMINISTRATION
DATE: August 24, 2011
TO: Honorable Mayor and City Council
FROM: Mark C. Whitworth, City Administrato
RE: Ordinance Relating to Special Municipal Election Dates
Pursuant to Article XI, Section 5 of the California Constitution, the conduct of city elections is a
municipal affair to be controlled by city charters. Additionally, Chapter 5.3 of the Charter of the
City of Vernon provides that the City Council is authorized to adopt by ordinance procedures
governing municipal elections superseding general laws governing municipal elections.
The City is in the midst of adopting and implementing governance reform measures requiring
amendments of the City charter by popular vote. To allow for the swiftest implementation of
these reform measures, the City requires the flexibility to submit these measures to the City's
electorate at special elections as soon as practicable after these reforms are introduced.
The proposed ordinance permits the City Council to order special municipal elections on dates,
which may not be "established" election dates pursuant to California law, as needed. See Cal.
Elec. Code §§ 1000, 1400, 1415, 1500, 9255. This ordinance does not disrupt any other rules
governing the conduct of special elections under California law, including those requiring proper
notice and the submittal of charter proposals at least 88 days prior to the election date, and
prohibiting the scheduling of elections on certain days of the week. See, e.g., Cal. Elec. Code §§
1100, 1415, 9255. In addition to allowing the City to more expeditiously submit charter
amendment measures to the voters, this ordinance would allow the City to more quickly hold
special elections to fill city council seat vacancies. This may become critical in light of the
proposed charter amendment that would prohibit such vacancies to be filled by appointment.
Recommendation
Staff recommends that the City Council adopt the attached proposed ordinance.
Page 1 of 1
Juarez, Debbie
From: Barcia, Ana
Sent: Tuesday, August 30, 2011 4:11 PM
To: 'Bianca @ Eastern Group'
Cc: Yamaguchi, Willard; Enomoto, Kristen; Juarez, Debbie
Subject: 09-01-11 Publication
Attachments: Summary 1185.doc
Hello Bianca,
Please include the attached Summary for Ordinance No. 1185 in the September 1, 2011, publication.
Please -respond to this email confirming receipt.
You may forward the invoice to my attention.
Ana Barcia
City of Vernon
T: 323) 583-8811 ex 286
F: 323) 826-1439
abarciaa,ci. vemon.ca.us
CONFIDENTIALI-TY NOTICE: This a -mad transmission, and any documents, files or previous a -mail messages
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8/30/2011
CITY OF VERNON CITY COUNCIL MEETING
AUGUST 25, 2011
ORDINANCE NO. 1185 SUMMARY
A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1185
IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA.
On August 25, 2011, Ordinance No. It 85 was duty introduced at a special meeting of the
City Council of the City of Vernon, and approved and adopted by said Council on said
date.
On August 25, 2011, the City Councilof the City of Vernon adopted Ordinance No. 1185
amending Chapter 2 of the Code of the City of Vernon relating to special municipal
election dates allowing the city council to order the date of any special municipal election
on a date that is not an established election date under the general laws governing
municipal elections and consistent with the city charter and general laws governing the
conduct of municipal elections.
Willard G. Yamaguchi, City Clerk of the City of Vernon, does hereby certify that
Ordinance No. 11-85 was duty introduced, approved, adopted, and passed by the City
Council of the City of Vernon at a special meeting held on August 25, 2011, by said
Council by the following roll call vote:
AYES: COUNCILMEMBERS: Mayor Gonzales, Davis, Maisano,
McCormick, Newmire
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Dated: August 30, 2011
Willard G. Yamaguchi, City Clerk
CITY OF VERNON CITY COUNCIL MEETING
AUGUST 25, 2011
ORDINANCE NO. 1185 SUMMARY
A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO, 1185
IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA.
On August 25, 2011, Ordinance No. 1185 was duly introduced at a special meeting of the
City Council of the City of Vernon, and approved and adopted by said Council on said
date.
On August 25, 2011, the City Council of the City of Vernon adopted Ordinance No. 1185
amending Chapter 2 of the Code of the City of Vernon relating to special municipal
election dates allowing the city council to order the date of any special municipal election
on a date that is not an established election date under the general laws governing
municipal elections and consistent with the city charter and general laws governing the
conduct of municipal elections.
Willard G. Yamaguchi, City Clerk of the City of Vernon, does hereby certify that
Ordinance No.:1185 was duly introduced, approved, adopted, and passed by the City
Council of the City of Vernon at a special meeting held on August 25, 2011, by said
Council by the following roll call vote:
AYES: COUNCILMEMBERS: Mayor Gonzales, Davis, Maisano,
McCormick, Newmire
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Dated: August 30, 2011