Ordinance No. 1251ORDINANCE NO. 1251
AN ORDINANCE OF THE CITY OF VERNON AMENDING
SECTIONS 5.113, 5.114, 5.115, 5.116, 5.117,
5.118, 5.121, 5.122 AND REPEALING SECTION
5.138 OF ARTICLE VIII OF CHAPTER 5 OF THE
VERNON MUNICIPAL CODE RELATING TO UTILITY
USERS' TAX
THE PEOPLE OF THE CITY OF VERNON HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: Section 5.113 of Article VIII of Chapter 5
of the Vernon Municipal Code is hereby amended to read as follows:
Section 5.113. Effective Date; Maximum Rate; Sunset Date.
(a) The taxes imposed by this Article shall become
effective upon certification by the City Council of the adoption by
the electorate of the ordinance adding this Article to the Code
(the "Effective Date"). As soon after the Effective Date as
reasonably practicable, the Tax Administrator shall submit written
notification to the Service Suppliers, in accordance with
procedures established by the Service Suppliers, requesting that
the Utility Users' Tax be collected. The Service Suppliers
responsible for collecting and remitting the Utility Users' Tax
shall have a reasonable period of time to install and implement
necessary billing changes to effect the collection of the Utility
Users' Tax, but in no event to exceed 90 days from the date of
receipt of such written notification or, if 90 days from the date
of receipt of such written notification is not the first day of a
month, then the first day of the month following the month in which
such 90th day occurs.
(b) This Article and the Utility Users' Tax shall be of
no further force and effect at 11:59 p.m. (California time) on the
date that is ten years after the Effective Date; provided, however,
that nothing herein shall prohibit the City from taking any action
authorized under this Article after such time and date to collect
any Utility Users' Tax accrued and owed as of such time and date.
SECTION 2: Section 5.114 of Article VIII of Chapter 5
of the Vernon Municipal Code is hereby amended to read as follows:
Section 5.114. Electricity Users' Tax.
(a) There is hereby imposed a tax upon every Person
using electrical energy in the City at the rate of 6.Oo of the
Electrical Charges made for such electrical energy. The
Electricity Users' Tax shall be paid by the Person paying for such
electrical energy.
(b) As used in this Section, the term "using electrical
energy" shall not be construed to mean (i) the storage of
electrical energy by a Person in a battery that such Person owns or
possesses for use in an automobile or other machinery or device
apart from the premises upon which the electrical energy was
received; provided, however, that the term "using electrical
energy" shall include the receiving of such electrical energy for
the purpose of using it in the charging of batteries, (ii) the mere
receiving of electrical energy by an Electrical Corporation or
governmental agency within the City for resale, or (iii) the use of
electrical energy in the production or distribution of water, gas
or other utility by a public utility or a governmental agency.
(c) The Electricity Users' Tax shall be collected from
the Service User by the Service Supplier providing the electrical
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energy or its billing agent. The amount of tax collected in each
month shall be remitted by the Service Supplier or its billing
agent to the Tax Administrator on or before the last day of the
following month, unless the due date occurs on a weekend or a
holiday, in which case the Electricity Users' Tax shall be remitted
on or before the next business day thereafter. The Electricity
Users' Tax shall be deemed remitted on the date received by the Tax
Administrator, or on the date postmarked if remitted by first class
United States mail with postage fully prepaid.
SECTION 3: Section 5.115 of Article VIII of Chapter 5
of the Vernon Municipal Code is hereby amended to read as follows:
SECTION 5.115. Gas Users' Tax.
(a) There is hereby imposed a tax upon every Person
using gas, including natural or manufactured gas or any alternative
hydrocarbon fuel which may be substituted therefor, in the City
which is delivered through mains, pipes or mobile transport at the
rate of 6.00-o of the Gas Charges made for such gas. The Gas Users'
Tax shall be paid by the Person paying for such gas.
(b) There shall be excluded from the base on which the
Gas Users' Tax is computed charges made for gas which is to be
resold and delivered through mains, pipes or mobile transport, and
charges made for gas used by a Nonutility Supplier to generate
electrical energy for its own use or for sale to others, provided
the electrical energy so generated is subject to tax under Section
5.114 of this Article.
(c) The Gas Users' Tax shall be collected from the
Service User by the Service Supplier providing the gas or its
billing agent. The amount of tax collected in each month shall be
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remitted by the Service Supplier or its billing agent to the Tax
Administrator on or before the last day of the following month,
unless the due date occurs on a weekend or a holiday, in which case
the tax shall be remitted on or before the next business day
thereafter. The Gas Users' Tax shall be deemed remitted on the
date received by the Tax Administrator, or on the date postmarked
if remitted by first class United States mail with postage fully
prepaid.
SECTION 4: Section 5.116 of Article VIII of Chapter 5
of the Vernon Municipal Code is hereby amended to read as follows:
SECTION 5.116. Water Users' Tax.
(a) There is hereby imposed a tax upon every Person
using water in the City at the rate of 6.Oo of the Water Charges
made for such water. The Water Users' Tax shall be paid by the
Person paying for such water.
(b) The Water Users' Tax shall be collected from the
Service User by the Service Supplier providing the water or its
billing agent. The amount of tax collected in each month shall be
remitted by the Service Supplier or its billing agent to the Tax
Administrator on or before the last day of the following month,
unless the due date occurs on a weekend or a holiday, in which case
the tax shall be remitted on or before the next business day
thereafter. The Water Users' Tax shall be deemed remitted on the
date received by the Tax Administrator, or on the date postmarked
if remitted by first class United States mail with postage fully
prepaid.
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SECTION 5: Section 5.117 of Article VIII of Chapter 5
of the Vernon Municipal Code is hereby amended to read as follows:
SECTION 5.117. Telecommunication Users' Tax.
(a) There is hereby imposed a tax upon every Person
using Telecommunications Services at the rate of 6.Oo of the
Telecommunications Charges made for such Telecommunications
Services. The Telecommunications Users' Tax shall be paid by the
Person paying for such Telecommunications Services. There is a
rebuttable presumption that Telecommunications Services, which are
billed to a Billing Address or Service Address in the City, are
used, in whole or in part, within the City's boundaries and such
services are subject to the Telecommunications Users' Tax. If the
Billing Address of the Service User is different from the Service
Address, the Service Address of the Service User shall be used for
purposes of the Telecommunications Users' Tax.
(b) Mobile Telecommunications Service shall be sourced
in accordance with the sourcing rules set forth in the Mobile
Telecommunications Sourcing Act (4 U.S.C. Section 124). The Tax
Administrator may issue and disseminate to Service Suppliers of
Telecommunications Services, which are subject to the tax
collection requirements of this Section, sourcing rules for the
taxation of other Telecommunications Services, including, but not
limited to, Postpaid Telecommunications Services, Prepaid
Telecommunications Services and Private Telecommunications
Services; provided, that, such rules are based upon custom and
common practice that further administrative efficiency and minimize
multi -jurisdictional taxation.
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(c) To prevent actual multi -jurisdictional taxation of
Telecommunications Services subject to the Telecommunications
Users' Tax, any Service User, upon proof to the Tax Administrator
that the Service User has previously paid the same tax in another
state or local jurisdiction on such Telecommunications Services,
shall be allowed a credit against the Telecommunications Users' Tax
to the extent of the amount of such tax legally imposed in such
other state or local jurisdiction; provided, however, that the
amount of credit shall not exceed the Telecommunications Users' Tax
owed to the City.
(d) The Tax Administrator may issue and disseminate to
Service Suppliers of Telecommunications Services that are subject
to the tax collection requirements of this Section, an
administrative ruling identifying those telecommunications
services, or charges therefor, that are subject to or not subject
to the Telecommunications Users' Tax.
(e) The Telecommunications Users' Tax shall be collected
from the Service User by the Service Supplier providing the
Telecommunications Services or its billing agent. The amount of
tax collected in each month shall be remitted by the Service
Supplier or its billing agent to the Tax Administrator on or before
the last day of the following month, unless the due date occurs on
a weekend or a holiday, in which case the tax shall be remitted on
or before the next business day thereafter. The Telecommunications
Users' Tax shall be deemed remitted on the date received by the Tax
Administrator, or on the date postmarked if remitted by first class
United States mail with postage fully prepaid.
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SECTION 6: Section 5.118 of Article VIII of Chapter 5
of the Vernon Municipal Code is hereby amended to read as follows:
SECTION 5.118. Video Users' Tax.
(a) There is hereby imposed a tax upon every Person
using Video Services in the City at the rate of 6.0% of the Video
Charges made for such Video Services. The Video Users' Tax shall
be paid by the Person paying for such Video Services. There is a
rebuttable presumption that Video Services, which are billed to a
Billing Address or Service Address in the City, are used, in whole
or in part, within the City's boundaries and that such Video
Services are subject to the Video Users' Tax. If the Billing
Address of the Service User is different from the Service Address,
the Service Address of the Service User shall be used for purposes
of the Video Users' Tax.
(b) The Tax Administrator may issue and disseminate to
Service Suppliers of Video Services that are subject to the tax
collection requirements of this Section, an administrative ruling
identifying those Video Services, or charges therefor, that are
subject to or not subject to the Video Users' Tax.
(c) The Video Users' Tax shall be collected from the
Service User by the Service Supplier providing the Video Services
or its billing agent. The amount of tax collected in each month
shall be remitted by the Service Supplier or its billing agent to
the Tax Administrator on or before the last day of the following
month, unless the due date occurs on a weekend or a holiday, in
which case the tax shall be remitted on or before the next business
day thereafter. The Video Users' Tax shall be deemed remitted on
the date received by the Tax Administrator, or on the date
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postmarked if remitted by first class United States mail with
postage fully prepaid.
SECTION 7: Section 5.121 of Article VIII of Chapter 5
of the Vernon Municipal Code is hereby amended to read as follows:
SECTION 5.121. Exemptions.
(a) Nothing in this Article shall be construed as
imposing a tax upon any person or upon any utility charges when the
imposition of such tax upon such person or such utility charges
would be in violation of a Federal or State statute, the
Constitution of the United States or the Constitution of the State.
(b) The Utility Users' Tax imposed by this Article shall
not be imposed upon utility charges for residential services if (i)
the person paying for such utility charges for residential services
resides in a residential structure that (A) with respect to
Telecommunications Services, is the service address for such
Telecommunications Services, or (B) with respect to all other
services, is the residential structure to which services are
delivered.
(c) The exemptions granted by this section shall not
eliminate the duty of the Service Supplier from collecting taxes
from such exempt individuals or the duty of such exempt individuals
from paying such taxes to the Service Supplier, unless an exemption
is granted to the Service User in accordance with the provisions of
subsection (d) of this section.
(d) Any Service User who believes he/she is exempt from
the taxes imposed by this chapter because of the provisions of
subsection (b) above may file an application with the Tax
Administrator for an exemption; provided, however, that such
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requirement shall not apply to a person that is a Federal or State
agency or subsection of such agency with a name commonly known to
be associated with a Federal or State agency. Said application
shall be made upon a form supplied by the Tax Administrator and
shall state those facts, declared under penalty of perjury, which
qualify the applicant for an exemption, and shall itemize each
Service Supplier serving the user. The Tax Administrator shall
review all such applications and certify as exempt those applicants
determined to qualify therefor and shall notify all Service
Suppliers affected that such exemption has been approved, stating
the name of the applicant, the address to which such exempt service
is being supplied, the account number, if any, and such other
information as may be necessary for the Service Supplier to
identify and remove the exempt Service User from its tax billing
procedure. Upon receipt of such notice, the Service Supplier shall
cease to bill any further tax imposed by this chapter against such
exempt service user upon the earlier of a change of service
address, termination of service, or until further notice by the Tax
Administrator is given. The Service Supplier shall eliminate such
exempt Service User from its tax billing procedure upon receipt of
such notice from the Tax Administrator, but in no event later than
sixty (60) days after receipt of such notice from the Tax
Administrator, or as otherwise provided by law. If deemed exempt
by the Tax Administrator, such Service User shall give the Tax
Administrator timely written notice of any change in service
suppliers so that the Tax Administrator can properly notify the new
Service Supplier of the person's tax exempt status. A person that
fails to comply with this Section shall not be entitled to a refund
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of taxes collected and remitted to the Tax Administrator from such
person as a result of such noncompliance. The decision of the Tax
Administrator may be appealed pursuant to Section 5.131 of this
Article. Filing an application with the Tax Administrator and
appeal to the City Administrator pursuant to Section 5.131 of this
Article is a prerequisite to a suit thereon. All exemptions shall
continue and be renewed automatically by the City Treasurer so long
as the prerequisite facts supporting the initial qualification for
exemption continue; provided, however, that the exemption shall
automatically terminate with any change in the service address or
residence of the exempt individual; further provided, such
individual may nevertheless apply for a new exemption with each
change of address or residence. Any individual deemed exempt from
the tax shall notify the Tax Administrator within ten (10) days of
any change in fact or circumstance which might disqualify such
individual from receiving such exemption. The Tax Administrator
may request re -verification of eligibility from individuals
claiming an exemption annually or as deemed necessary by the Tax
Administrator. It shall be a misdemeanor for any person in a
household to knowingly receive the benefits of the exemptions
provided by this Section when the basis for such exemption either
does not exist or ceases to exist. Notwithstanding any of the
provisions of this subsection, however, any Service Supplier who
determines by any means that a new or non-exempt service user is
receiving service through a meter or connection which was deemed by
the Tax Administrator to be exempt by virtue of an exemption issued
to a previous Service User or exempt user of the same meter or
connection, shall immediately notify the Tax Administrator of such
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fact, and the Tax Administrator shall conduct an investigation to
ascertain whether or not the provisions of this Section have been
complied with and, where appropriate, order the Service Supplier to
commence collecting the tax from the non-exempt Service User.
(e) The City Council may, by ordinance or resolution,
establish one or more classes of persons or one or more classes of
utility charges otherwise subject to payment of the Utility Users'
Tax and provide that such classes of persons or utility charges
shall be exempt, in whole or in part, from the Utility Users' Tax
for a specified period of time.
SECTION 8: Section 5.122 of Article VIII of Chapter 5
of the Vernon Municipal Code is hereby amended to read as follows:
SECTION 5.122. Rate of Utility Users' Tax; Termination,
Reduction or Suspension of Utility Users' Tax.
(a) The City Council may, by ordinance or resolution,
adjust any of the rates of the Utility Users' Tax; provided,
however, that such rate shall not exceed 7.0o unless approved by
the voters.
(b) The rates established by this article shall be
revised annually based upon changes in the Consumer Price Index for
All Urban Consumers (CPI-U), All Items Index, Los Angeles -Anaheim -
Riverside Area (1982-84=100) (herein -after "CPI") published by the
United States Department of Labor, Bureau of Labor Statistics. In
the event said CPI for the twelve-month period ending March 31 of
each year (the "adjustment date") is higher than said CPI for the
twelve-month period ending March 31, 2018, the tax rates set forth
in this article shall be increased by multiplying said tax rates by
a fraction, the numerator of which is the CPI on the adjustment
date and the denominator of which is the CPI for the twelve-month
period ending March 31, 2018. The resulting adjusted tax rates
shall then be the tax rates for the fiscal year commencing the next
July 1st. There shall be no reduction in rates by operation of
this provision. If, in the future, said CPI shall be changed so
that the base year differs from that used as of the effective date
of this article, it shall be converted in accordance with the
conversion factor published by the United States Department of
Labor, Bureau of Labor Statistics. The City Clerk shall submit a
written report to the City Council setting forth the adjustments to
the tax rates required by this subsection, which the City Council
shall approve by resolution.
(c) Upon any such adjustment in tax rate, the Tax
Administrator shall submit, as soon thereafter as reasonably
practicable, written notification to the Service Suppliers, in
accordance with procedures established by the Service Suppliers, of
such adjustment in tax rate. The Service Suppliers responsible for
collecting and remitting the Utility Users' Tax shall have a
reasonable period of time to implement such change in tax rate, but
in no event to exceed sixty (60) days from the date of receipt of
such written notification or, if 60 days from the date of receipt
of such written notification is not on the first day of a month,
then the first day of the month following the month in which such
60th day occurs.
(d) The City Council may, by ordinance or resolution,
terminate or suspend the Utility Users' Tax. Upon any such
termination or suspension, the Tax Administrator shall submit, as
soon thereafter as reasonably practicable, written notification to
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the Service Suppliers, in accordance with procedures established by
the Service Suppliers, of such termination or suspension. The
Service Suppliers responsible for collecting and remitting the
Utility Users' Tax shall have a reasonable period of time to
implement such termination or suspension, but in no event to exceed
sixty (60) days from the date of receipt of such written
notification or, if 60 days from the date of receipt of such
written notification is not on the first day of a month, then the
first day of the month following the month in which such 60th day
occurs.
SECTION 9: Section 5.138 of Article VIII of Chapter 5
of the Vernon Municipal Code is hereby deleted in its entirety.
SECTION 10:
Any ordinance or parts of ordinances in
conflict with this Ordinance are hereby repealed.
SECTION 11: Severability. If, for any reason, any
portion of this Ordinance is rendered or declared invalid or
unenforceable by a court or an administrative body of competent
jurisdiction or by reason of any preemptive legislation, the
remaining portions of this Ordinance shall remain in full force and
effect.
SECTION 12: Book of Ordinances.
The City Clerk, or
Deputy City Clerk, shall attest and certify to the adoption of
this Ordinance and shall cause this Ordinance and the City
Clerk's, or Deputy City Clerk's, certification to be entered in
the Book of Ordinances of the Council of this City. The City
Clerk, or Deputy City Clerk, shall cause this ordinance to be
published or posted as required by law.
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SECTION 13: This Ordinance was approved and adopted by
the People of the City of Vernon at the City's April 10, 2018,
general municipal election.
ATTEST:
. (;. a"-�77�
aria E. yal&
City lerk / Pep�atv C ty Glei'k
APPROuED AS TO FORM:
�j
Brian Byun,
Senior Deputy City Attorney
t
I)
Name: Yvette Woodruff -Perez
Title: Mayor / Mayor- Fr- Taw
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STAFF REPORT
UPDATED City Council Agenda Item Report
Agenda Item No. COV-36-2018
Submitted by: Matthew Ceballos
Submitting Department: City Clerk
Meeting Date: April 17, 2018
SUBJECT
A Resolution of the City Council of the City of Vernon, California, Reciting the Fact of the General Municipal
Election held on April 10, 2018, Declaring the Result and Such Other Matters as Provided by Law
Recommendation:
*****NOTE*****
This staff report was updated based on the results from the Final Canvassing of the Votes that took place on
Monday, April 16, 2018 at 3 p.m. in Council Chamber.
A. Find that the proposed actions are exempt from California Environmental Quality Act ("CEQA") review,
because each is an administrative activity of government that will not result in direct or indirect physical
changes in the environment, and therefore do not constitute a "project" as defined by CEQA Guidelines section
15378. Moreover, even if the activity in question were a project, it would be exempt from CEQA review, in
accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an
effect on the environment; and
B. Accept the Certificate of Canvass; and
C. Adopt a Resolution declaring the results of the General Municipal Election held April 10, 2018, declaring
that William J. Davis is elected to the Office of Member of the City Council; and
D. Declaring that Measure R is approved; and
E. Authorize the City Clerk to deliver the Certificate of Election and administer the Oath of Office to William
J. Davis.
Background:
On April 10, 2018, a General Municipal Election was held for the purpose of electing one (1) member to the
City Council for the full term of five (5) years and to submit to the voters of the City of Vernon the following
Measure:
Measure R: Shall an ordinance be adopted to authorize the levy of a 6% utility users' tax on electricity, gas,
telecommunications, video and water utility services for commercial/industrial customers, with exemptions for
residential services, raising a total annual amount of $11.9 million for a duration of 10 years after the effective
date?
As of the closing of the nomination period on January 16, 2018, at 5:30 p.m., William J. Davis and Marlene
Elsa Ybarra were the only official candidates.
BALLOTS ISSUED:
On March 15, 2018, eighty-five (85) vote -by -mail ballots were mailed. Subsequently two (2) ballots were
issued to two (2) additional registered voters based on the 15-Day "Close of Registration" deadline. Of these
two voters identified/added prior to the close of registration, one (1) ballot was issued as a provisional ballot to
the voter; and, one (1) ballot was issued as vote -by -mail. Additionally, two (2) provisional ballots were issued
on April 10, 2018 to vote -by -mail voters who came to City Hall to cast their vote, and claimed to have not
received their original vote -by -mail ballots in the mail. This brings the total ballots issued by the City to eighty-
nine (89).
BALLOTS RECEIVED:
As of 8 p.m. on April 10, 2018 forty-eight (48) ballots were received. Of the forty-eight (48) ballots received:
forty-two (42) were processed for signature verification by the County; thereby leaving a total of six (6) ballots
pending signature verification processing. In accordance with California Elections Code Sections 3020 and
4103, the following ballots were received via U.S. Mail:
*April 11, 2018 -four (4) ballots
*April 12, 2018 - one (1) ballots
**Note: Pursuant to the California Elections Code Section 3020(b), vote -by -mail ballots postmarked on or
before the election date and received no later than three days after the election shall be timely cast. The City
may also allow ballots received on Friday, April 13, 2018 in accordance with California Elections Code
Sections 3020 and 4103. However, due to the time of publication of the agenda packet, and that City Hall is
closed on Fridays staff did not have the information in time for publication. The number of ballots received on
Friday, April 13, 2018, if any, will be provided as an update to this staff report no later than Monday, April 16,
2018, by the close of business.
BALLOTS CANVASSED:
On April 10, 2018 after the close of the Election at 8 p.m. forty-two (42) ballots were canvassed. The Semi -
Final results are as follows:
COUNCILMEMBER SEAT
William J. Davis: 24
Marlene Elsa Ybarra: 18
Undervote: 0
Overvote: 0
MEASURE R
Yes: 26
No: 13
Undervote: 3
Overvote: 0
On April 16, 2018 at 3 p.m. eleven (11) ballots were canvassed. The Final results are as follows:
COUNCILMEMBER SEAT
William J. Davis: 6
Marlene Elsa Ybarra: 5
Undervote: 0
Overvote: 0
MEASURE R
Yes: 5
No: 3
Undervote: 3
Overvote: 0
"Note: An "undervote" is when the voter has declined to select a voting position.
The final official election results will be announced at the City Council meeting on Tuesday, April 17, 2018.
Fiscal Impact:
None.
ATTACHMENTS
April 10, 2018 Election Results -Resolution
Exhibit A - City Clerk's Certification
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON, CALIFORNIA, RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD ON APRIL 10, 2018,
DECLARING THE RESULTS AND SUCH OTHER MATTERS AS
PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted
in the City of Vernon, California, on Tuesday, April 10, 2018, as
required by law; and
WHEREAS, pursuant to Ordinance No. 1201, the election was
conducted entirely by vote -by -mail ballot pursuant to Section 4000, et
seq., of the Elections Code of the State of California; and
WHEREAS, notice of the election was given in time, form and
manner as provided by law; and
WHEREAS, an election officer was appointed, vote -by -mail
ballots were properly sent to all registered voters, and in all
respects the election was held and conducted, the votes were cast,
received and canvassed, and the returns were made and declared in the
time, form and manner required by the City Charter and the Elections
Code of the State of California; and
WHEREAS, the City Clerk canvassed the returns of the
election and has certified the results to the City Council, which
certification and results are received, attached and made a part
hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt from California Environmental Quality Act
(CEQA) review, because it is an organizational or administrative
activity of government that will not result in direct or indirect
physical changes in the environment, and therefore does not constitute
a "project" as defined by CEQA Guidelines section 15378. Moreover,
even if the activity in question were a project, it would be exempt
from CEQA review, in accordance with Section 15061(b)(3), the general
rule that CEQA only applies to projects that may have a significant
effect on the environment.
SECTION 3: One (1) voting precinct was established for the
purpose of holding said Election, consisting of the regular election
precinct in the City as established for the holding of State and
County elections.
SECTION 4: The whole number of vote -by -mail voter ballots
legally cast in the City for the General Municipal Election held on
April 10, 2018, was fifty (50), with three (3) provisional ballots
cast.
SECTION 5: The names of the persons voted for at the
General Municipal Election for the office of member of the City
Council, in order as they appeared on the official ballot, are as
follows:
William J. Davis
Marlene Elsa Ybarra
SECTION 6: The following are declared to be the results of
said General Municipal Election for the office of member of the City
Council:
William J. Davis 30 votes
Marlene Elsa Ybarra 23 votes
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Section 7: The City Council of the City of Vernon hereby
declares that William J. Davis, was elected as member of the City
Council for the full term of five (5) years.
SECTION 8: The City Clerk shall immediately make and
deliver to the person so elected a Certificate of Election signed by
the City Clerk and authenticated.
SECTION 9: The City Clerk shall also administer to the
person elected the Oath of Office prescribed in the Constitution of
the State of California and shall have them subscribe to it and file
it in the Office of the City Clerk. The person so elected shall then
be inducted into the respective office to which he has been elected.
SECTION 10: The measure voted upon (Measure R) at the April
10, 2018, General Municipal Election was as follows:
MEASURE R:
Shall an ordinance be adopted to authorize the
levy of a 6% utility users' tax on
YES
31
electricity, gas, telecommunications, video
and water utility services for
commercial/industrial customers, with
exemptions for residential services, raising a
NO
16
total annual amount of $11.9 million for a
duration of 10 years after the effective date?
SECTION 11: The number of votes given in the one voting
precinct in the City for and against the measure are as listed in
Exhibit A attached hereto.
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SECTION 12: The City Council does declare and determine
that, as a result of the General Municipal Election, a simple majority
of the voters voting on Measure R did vote in favor of the measure,
and the measure was carried, and shall be deemed approved and adopted.
SECTION 13: The City Clerk shall enter on the records of the
City Council of the City, a statement of the result of the election,
showing:
(1)
The
number of ballots cast in the City;
(2)
The
names of the person voted for;
(3)
For
what office the person was voted for;
(4)
The
number of votes given to the person;
(5)
The
measures voted upon; and
(6)
The
total number of votes given in the City for and
against
the measures.
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SECTION 14: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk, of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 17th day of April, 2018.
ATTEST:
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
Zaynah Moussa,
Senior Deputy City Attorney
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Name:
Title: Mayor / Mayor Pro-Tem
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. ,
was duly passed, approved and adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Tuesday,
and thereafter was duly signed by the Mayor or
Mayor Pro-Tem of the City of Vernon.
Executed this day of April, 2018, at Vernon, California.
(SEAL)
- 6 -
Maria E. Ayala, City Clerk
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