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Ordinance No. 1201ORDINANCE NO. 1201 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY VERNON, CALIFORNIA, AMENDING ARTICLE XV OF CHAPTER 2 OF THE CODE OF THE CITY OF VERNON, RELATING TO THE CONDUCT OF ELECTIONS AND RATIFYING RESOLUTION NO. 2012-208 WHEREAS, pursuant to Section 5.1 of the City Charter, the City holds general municipal elections on the second Tuesday of April in each year; and WHEREAS, the City Council from time to time calls special elections; and WHEREAS, Section 5.3 of the City Charter authorizes the City Council to adopt, by ordinance, procedures governing municipal elections; and WHEREAS, the City Council desires to clarify its procedures for conducting elections; and WHEREAS, on November 6, 2012, the City Council of the City of Vernon adopted Resolution No. 2012-208 calling a general municipal election to be held on April 9, 2013 by all mail ballot; and WHEREAS, the City Council desires to ratify Resolution No. 2012-208; calling the April 9, 2013 General Municipal Election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS SECTION 1: Findings. The City Council of the City of Vernon hereby finds that the above.recitals are correct. SECTION 2: Code Amendment. Article XV of Chapter 2 of the Code of the City, formerly titled "Election Dates", is amended to read as follows: ARTICLE XV. CONDUCT OF ELECTIONS Section 2.118. Conduct of Elections (a) Notwithstanding any limitation contained in the general laws of the state, the City Council may, in the resolution or ordinance calling a general municipal election or any other election, direct that such election be conducted wholly by mail as an all mail ballot election. (b) A special municipal election may be held on any date, regardless of whether the date is an established election date under the general laws of the state governing municipal elections. (c) An all mail ballot election may be held on any date, regardless of whether the date is an established mailed ballot election date under the general laws of the state governing municipal elections. (d) If, in connection with an election, the last day for submission to the City Clerk of any filing, argument, or other document would otherwise be a day on which the City Clerk's Office does not open to the public (such as a Saturday, Sunday, public holiday or other day on which City Hall is closed) such submission may occur on the next business day with the same effect as if it had occurred upon the day otherwise appointed. (e) In all other respects, the conduct of elections, including the selection of election dates, shall be pursuant to the general laws of the state governing municipal elections, except to the extent such general 2 - laws are inconsistent with the provisions of this Code or of the City Charter SECTION 3: Resolution No. 2012-208. It is the intent of the City Council that the April 9, 2013 General Municipal Election be conducted as set forth in this Ordinance. To that end, the City Council ratifies its Resolution No. 2012-208, adopted on November 6, 2012, calling the April 9, 2013 General Municipal Election as an all mail ballot election. SECTION 4: Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 5: Book of Ordinances. The Interim City Clerk shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the Interim City Clerk's certification to be entered in the Book of Ordinances of the Council of this City. The Interim City Clerk shall cause this ordinance -to be published or posted as required by law. - 3 - SECTION 6: Approval; Effective Date. Pursuant to Section 4.3(a) of the City Charter, this ordinance shall take effect immediately upon adoption and is hereby introduced and adopted at the same meeting of the City Council. APPROVED AND ADOPTED this 8th day of January, 2013. c. Name: William J. Davis Title: Mayor Pl i 1 r� - 4 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, DANA REED, Interim City Clerk of the City of Vernon, do hereby certify that the foregoing ordinance, being Ordinance No. 1201, was duly and regularly introduced at a special meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, January 8, 2013, and thereafter adopted by the following vote: AYES: Councilmembers; Mayor Davis, Mayor Pro- Tem McCormick, Maisano, Martinez, Ybarra NOES: Councilmembers: None ABSENT: Councilmembers: None And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this _ day of January,_ 2013, at Vernon, California. 61 DAfia Reed Interim City Clerk (SEAL) 5 - CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: January 10, 2013 TO: Dana Reed, Interim City Clerk Mark Whitworth, City Administrator FROM: Deborah Juarez, Records Management Assistant RE: Ordinance No. 1201 — An Ordinance of the City Council of the City of Vernon, California, Amending Article XV of Chapter 2 of the Code of the City of Vernon, Relating to the Conduct of Elections and Ratifying Resolution No. 2012-208 Transmitted herewith is a copy of Ordinance No. 1201 referenced above, which was approved by City Council on January 8, 2013. Thank you. Attachment c: Ana Barcia Eva Muro Ordinance No. 1201 Resolution No. 2012-208 t r t O! !iU' I J.N 4 6 CiTY.lk0MiN1 INT10 STAFF REPORT CITY CLERK'S DEPARTMENT DATE;; January 2; 2,013 TO; Honorable IV ayor and City Council FROM; Dana Reed, Interim City Clerk i RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY VERNON CALIFORNIA AMENDING ARTICLE XV OF CEIAP,TER 2 OF THE CODE OF TIIE CITY OF VERNON, RELATING TO THE CONDUCT OF ELECTIONS AND RATII<' YiING RESOLUTION NO, 2012-* I - Recotiiinetidi tion It is recomnicndcd tliat it tlic January 3'l' special City Council meeting, tt�e.'Cotutcil introduce and - adopt attached Ordinance No. 1201 Amending ArticleV at Chapter 2 of the Cade of the City, of Vernon,; Relating to the Conduct o f)�lectiQns and i atityint Resolution No. 2012-208. ackaround The conduct of the City's elections is governed by the City Charter. The Charter (i) requires that tite City hold its general municipal elections on the second Tuesday of April in each year, (ii) authorizes the City Couneil to. adopt election procedurc4s by ordinance, and (ii) provides tlist tlic general election laws of the state: will goveni tho City's' elections except to the extetit such laws are superseded by a local. ordinance. - The City's current practice is to hold`its elections by mail ballot. State law provides procedures for holding elections by fail ballot, and cstabtishes certain official mail ballot election dates. The second Tuesdtty of April is not oil c of the official mill ballot election dates. The City Code currently provides that the City Council nlay call special elections on dates that are not established election dates under state law. The altacicd ordinance would'clarifythat any election of the City'lay be held by snail ballot, even if such election is not held on an established tliaii ballot election elate. The ordinance would also clarify that, if a deadline for submission of a filing related to Ali election would otherwise occur on a day when the City Clerk's Office is closed, that deadline will be extended to the'tic business tidy. The -ordinance ratifies the City Council's call of the City's;April 9, 2013 elcction, and clarifies that the election will be subject to the provisions of the ordinance. # Because the ordinance relates to the conduct of an election; it requires one reading,and ma _ l Y.,. Y be introduced and adopted at the same City Council mecting. I 4 f t CITY OF VERNON CITY COUNCIL MEETING JANUARY 8, 2013 ORDINANCE NO. 1201 SUMMARY A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NO. 1201 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. Ordinance No. 1201 is scheduled to be duly introduced, approved and adopted at a special meeting of the City Council of the City of Vernon to be held on January 8, 2013. On January 8, 2013, the City Council of the City of Vernon will consider adopting Ordinance No. 1201 Amending Article XV of Chapter 2 of the Code of the City of Vernon, Relating to the Conduct of Elections and Ratifying Resolution No. 2012-208, relating to the April 9, 2013 General Municipal Election. Dana Reed, Interim City Clerk of the City of Vernon, does hereby certify that Ordinance No. 1201 is scheduled to be duly introduced, approved and adopted by the City Council of the City of Vernon at a special meeting to be held on January 8, 2013. Dated: CITY OF VERNON CITY COUNCIL MEETING JANUARY 8, 2013 ORDINANCE NO. 1201 SUMMARY A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1201 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. On January 8, 2013, the City Council of the City of Vernon Approved and Adopted Ordinance No. 1201 Amending Article XV of Chapter 2 of the Code of the City of Vernon, Relating to the Conduct of Elections and Ratifying Resolution No. 2012-208, relating to the April 9, 2013 General Municipal Election. The ordinance confirmed that both regular and special municipal elections may be conducted wholly by mail ballot, and the proper method of calculating deadlines to submit arguments or other documents to the City Clerk. By ratifying Resolution 2012- 208, the City Council confirmed that the April 9, 2013 election will occur wholly by mail. I, Dana Reed, Interim City Clerk of the City of Vernon, do hereby certify that Ordinance No. 1201 was duly introduced, approved and adopted by the City Council of the City of Vernon at a special meeting held on January 8, 2.013 and passed by said Council by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Davis, McCormick, Maisano, Ybarra, and Martinez None None Dated: ' 1 D a Reed, Interim City Clerk