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
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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.
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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�
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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)
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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
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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-*
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Recotiiinetidi tion
It is recomnicndcd tliat it tlic January 3'l' special City Council meeting, tt�e.'Cotutcil introduce and
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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 _
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be introduced and adopted at the same City Council mecting.
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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: '
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D a Reed, Interim City Clerk