Resolution No. 2010-060RESOLUTION NO. 2010-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON CALLING A SPECIAL MAILED BALLOT ELECTION TO
BE HELD ON AUGUST 31, 2010 AND ORDERING THAT
MEASURES BE SUBMITTED TO THE VOTERS OF THE CITY TO
AMEND THE CITY CHARTER REGARDING CITY COUNCIL
MEMBER QUALIFICATIONS, TO AMEND SECTION 5.45 OF
ARITCLE IV OF CHAPTER 5 OF THE CITY MUNICIPAL CODE
TO EXPAND THE USE OF THE PROCEEDS OF THE SPECIAL
PARCEL TAX ON WAREHOUSES, TRUCK TERMINALS, FREIGHT
TERMINALS, RAILROAD FACILITIES OR OTHER
DISTRIBUTION FACILITIES, AND TO AMEND THE CITY
CHARTER TO RESTRICT THE USE OF CERTAIN LIGHT AND
POWER REVENUES TO SUPPORTING THE LIGHT AND POWER
ENTERPRISE
THE CITY COUNCIL OF THE CITY OF VERNON DOES RESOLVE AND ORDER AS
FOLLOWS:
Section 1: Pursuant to its right, power and authority under
the laws of the State of California and the Vernon City Charter, the
City Council hereby calls and gives notice of a Special Municipal
Election to be held in the City by mailed ballot on August 31, 2010.
Section 2: (a) The City Council does hereby order submitted
to the voters at such Special Municipal Election the following measure:
Measure
Shall the Vernon City Charter YES
be amended to require that
candidates for the City
Council must live in, and be NO
registered to vote in, the
City of Vernon for at least
30 days prior to running for
office?
(b) The text of the proposed amendment to be submitted
to the voters is attached hereto as Exhibit "A" and incorporated herein
by reference.
Section 3: (a) The City Council does hereby order submitted
to the voters at such Special Municipal Election the following measure:
Measure
Shall an ordinance be adopted YES
to allow the proceeds of the
existing special parcel tax
on warehouses and similar NO
uses to be spent on police
and fire protection services?
(b) The text of the proposed ordinance to be
submitted to the voters is attached hereto as Exhibit "B" and
incorporated herein by reference.
Section 4: (a) The City Council does hereby order submitted
to the voters at such Special Municipal Election the following measure:
Measure
Shall the Vernon City YES
Charter be amended to
restrict the use of certain
Light and Power revenues to NO
supporting the Light and
Power enterprise?
- 2 -
(b) The text of the proposed amendment to be submitted
to the voters is attached hereto as Exhibit "C" and incorporated herein
by reference.
Section 5: In all particulars not recited in this
Resolution, the election shall be held and conducted as provided by law
for holding municipal elections. The ballots to be used in the
election shall be in the form and content required by law.
Section 6: The City Council hereby directs the City Clerk
to transmit a copy of each measure to the City Attorney. The City
Attorney shall prepare an impartial analysis for each measure pursuant
to Section 9280 of the California Elections Code.
Section 7: The City Council hereby establishes the following
drop off center as an alternative to the return of the ballot by•mail:
Office of the City Clerk of the City of Vernon at 4305 Santa Fe Avenue,
Vernon, California 90058.
Section 8: The City Clerk's Office shall be available for
voters to drop off voted ballots through August 30, 2010 on Monday
through Thursday from 7:30 a.m. to 5:30 p.m. and on August 31, 2010
from 7:30 a.m. to 8:00 p.m.
Section 9: The City Clerk is authorized, instructed and
directed to procure and furnish any and all official ballots, notices,
printed matter and all supplies, equipment and paraphernalia that may
be necessary in order to properly and lawfully conduct the election.
In all particulars not recited in this resolution, the election shall
be held and conducted as provided by law for holding municipal
elections.
- 3 -
Section 10: 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 24th day of May, 2010.
ATTES
Willa`id G`.' agich), City Clerk
Name: Hilario Gonzales
Title: Mayor /
- 4 -
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 Resolution, being Resolution
No. 2010-60, 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 Monday, May 24, 2010, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this ?l day of ray, 2010, at Vernon, California.
v
(SEAL)
-5-
EXHIBIT A
EXHIBIT A
BALLOT MEASURE AMENDING THE
CHARTER OF THE CITY OF VERNON
The People of the City of Vernon do hereby amend the Charter of
the City of Vernon as follows:
1. Chapter 3.3 of Article III of the Charter of the City of
Vernon is amended in its entirety to read as follows:
"CH: 3.3 Eligibility.
No person shall be eligible to hold the office of
councilmember unless he or she has resided in the City of
Vernon and been registered to vote for at least thirty
(30) consecutive calendar days immediately preceding the
date nomination papers are issued to such person by the
City Clerk, and remains a resident and registered voter
continuously in the City until the election and throughout
his or her term as councilmember."
2. The City Clerk is directed to certify to the passage of
this Charter Amendment and to file it in the Office of the
Secretary of State forthwith, and to take such other actions as
are necessary to give effect to its passage.
PASSED AND ADOPTED BY THE VOTER THIS 31St DAY OF AUGUST 2010.
Mayor
ATTEST:
City Clerk
A-1
EXHIBIT B
EXHIBIT B
AN ORDINANCE OF THE PEOPLE OF THE CITY OF VERNON EXPANDING THE
USES OF THE SPECIAL PARCEL TAX ON WAREHOUSES, TRUCK TERMINALS,
FREIGHT TERMINALS, RAILROAD FACILITIES OR OTHER DISTRIBUTION
FACILITIES TO INCLUDE POLICE AND FIRE PROTECTION SERVICES BY
AMENDING 5.45 OF ARTICLE IV OF CHAPTER 5 OF THE VERNON MUNICIPAL
CODE
THE PEOPLE OF THE CITY OF VERNON DO ORDAIN AS FOLLOWS:
Section 1. Section 5.45 of Article IV of Chapter 5,
"Special parcel tax on warehouses, truck terminals, freight
terminals and other distribution facilities" is hereby deleted in
its entirety and replaced by the following new Section 5.45 of
the Vernon Municipal Code as follows:
CHAPTER 5
BUSINESS LICENSE TAXES AND OTHER CITY TAXES
Article IV. Special Parcel Tax
Sec. 5.45. Special parcel tax on warehouses, truck
terminals, freight terminals and other distribution
facilities.
(a) Pursuant to authority of Article XIIIC of the
California Constitution and Government Code § 50075, et seq.,
there is hereby levied and assessed a special tax by the City of
Vernon on each parcel of property improved with a "warehouse," a
"truck terminal," a "freight terminal," a "railroad facility,"
or a "distribution facility," as hereinafter defined. The
special tax shall be levied and assessed each year, commencing
in the year 1998 and continuing until modification or repeal in
a manner provided by law.
(b) As used in this Section 5.45, the following terms have
the meanings or limitations indicated:
(1) Assessor's parcel map means an official map of
the assessor of the County of Los Angeles designating parcels by
assessor's parcel number.
(2) Cold storage and refrigerated warehouses mean a
building or part of a building used primarily to store non-
durable, perishable goods under refrigeration including services
for processing, preparing or packaging goods for storage.
(3) Freight terminal is a lot, building or part of a
building, as used or designed for use, in or on which goods or
freight are transferred or redistributed from one vehicle to
another.
(4) Maximum special tax means the maximum special
tax, determined in accordance with subsection (c) below, that
can be levied by the City of Vernon in any fiscal year on a
parcel of property improved with a warehouse, truck terminal,
freight terminal or other distribution facility.
(5) Other distribution facility includes an
intermodal container transfer facility and storage areas related
to such facility.
(6) Parcel means a lot or parcel shown on the current
applicable assessor's parcel map with an assigned assessor's
parcel number.
(7) Truck terminal means a lot, building or part of a
building used or designed primarily for the storage, maintenance
or servicing of highway -type vehicles carrying persons or
property, including but not limited to trucks and buses.
(8) Trucking uses mean any lot, building or part of a
building in or on which goods or freight are transferred or
redistributed from one vehicle to another, or any lot, building
or part of a building used primarily for the storage,
maintenance or servicing of highway —type vehicles carrying
persons or property including, but not limited to, trucks and
buses, but excluding commercial repair facilities.
(9) Railroad facilities mean rail lot yards used
primarily for the switching of rail cars or transferring of
freight or goods from a rail car to another vehicle, but does
not include railroad spur tracks.
(10) Retail sales mean those sales, in, which the City
receives one percent (1% ) of the sal.es> tt:am..
(11) Warehouse, distributiimm and' viha esale uses mean a
building or part of a building, uaedl =- dagmed primarily for
the storage of non-peri_sli :1Ee gpoxffli-L- or- non -refrigerated
perishable goods intended ffdax d1:Jgt rii1b tRmm to other,, Vocations,
or the sale of goods for dlis rk„iti 7;mvm t z) ether ]Locations for
wholesale or retail sale, butt db not lizmclt.ude: (i) an
accessory warehouse buildingf that- is. an integral part. of a
manufacturing business locatljsrdari Cu.ty cl Vernon. used for
storage of goods or materially; gnaAbzmd. Ln) that operation, (ii)
any wholesale, distributions wlml1esae uses which pay at
least .20� per square foot :firm sa]le-s, tax to the City of Vernon
during the subject fiscal fox„ amd3 ((i.iu)) cold storage and
refrigerated warehouses.
(c) The maximum special. tam commencing in fiscal year
1999, shall be $20.00 per 100 square feet of gross area of land.
(d) (1) Pursuant to section 2((b) of Article XIIIC of the
California Constitution, the tax rate established by this
article is a maximum rate, and the city council, by resolution
or ordinance, may levy a tax at any rate or amount that is equal
to or less than the maximum rate or amount authorized by this
article.
(2) The maximum rate established by this article
shall be revised annually based upon changes in the Consumer
Price Index fro All Urban Consumers (CPI-U), All Items Index,
Los Angeles -Anaheim -Riverside Area (1982-84=100) (hereinafter
"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, 1999, the maximum tax rate set forth in
this article shall be increased by multiplying said tax rate 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, 1999. The resulting adjusted tax
rate shall then be the maximum tax rate for the fiscal year
coromcahe ng 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
B-3
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 maximum tax
rate required by this subsection, which the city council shall
approve by resolution.
(3) Periodically, the city clerk shall submit to the
city council a recommendation for revising the rate to be
employed in levying the tax, provided, that the recommended tax
rate shall not exceed the maximum tax rate authorized. by this
article.
(e) The city council is authorized to determine for each
fiscal year, by ordinance or resolution, the special tax to be
imposed on each parcel subject to this section. The special tax
shall not exceed the maximum special tax rate established in
subsection (c) of this section as adjusted by subsection (d),
but it may be imposed at a lower rate. The ordinance or
resolution shall also list, by assessor's parcel number, all
parcels subject to the tax. The ordinance or resolution shall
constitute the official record of the assessment of the special
tax, and a copy thereof, together with any other pertinent data,
shall be transmitted to the appropriate county or city officials
to facilitate collection of the special tax.
(f) The special tax shall be due in two equal installments
in accordance with the collection procedures of the Los Angeles
County Tax Collector, with the first installment due November 1
and the second installment due the next succeeding February 1.
The owner of the land, land and improvements, at the time set
forth in California Revenue and Taxation Code Sections 405 and
2192 for each fiscal year, shall have a personal obligation to
the City of Vernon until the tax is paid.
(g) The city clerk may prepare a questionnaire to be
served on the owner of a parcel or improvements subject to the
tax imposed by this article. The questionnaire may request
information which would be useful to the city clerk in the
enforcement or administration of this article. The failure by
an owner to provide the information requested within thirty _(30)
days of receipt of the request, or the act o an owner in
knowingly providing false information, shall be a misdemeanor.
(h) In determining the gross square footage area 'of
improvements the city clerk may use County Assessor's records,
city records, questionnaires and any other records the city
clerk deems reliable.
(i) Properties or entities exempt by Taw from the ad
valorem tax imposed by Articles XIII and XIIIA of the California
Constitution shall be exempt from the tax imposed by this
section.
(j) The special tax imposed by this section shall be
collected in the same manner as ad valorem property taxes are
collected and shall be subject to the same procedure, sale and
lien priority in case of delinquency as is provided by ad
valorem taxes (which such procedures include the exercise of all
rights and remedies permitted by law to make corrections,
including but not limited to, the issuance of amended or
supplemental tax bills), as such procedure may be modified by
law or by the Board of Supervisors of the County of Los Angeles
from time to time; provided that the city council shall have
authority to provide, by ordinance or resolution, for a
different method of collection of said taxes as it shall
determine to be in the best interest of the City of Vernon. The
Board of Supervisors, the Auditor -Controller, the Treasurer -Tax
Collector and the Assessor of the County of Los Angeles shall
perform the duties of assessment of property for the special
tax, the correction of any assessment, the collection, payment,
and enforcement of the special tax, including delinquent taxes,
and the redemption of property from sale or other penalty for
nonpayment of the special tax.
(k) The special tax imposed by this section shall be a tax
upon each parcel of property, and the tax shall not be measured
by the value of the property.
(1) The proceeds of the special tax shall be used for
construction, improvement and maintenance of streets, bridges
and other public rights -of -way, including acquisition of land
and for police and fire protection services.
(m) Nothing in this article shall be construed as
requiring the payment of a tax or the doing of an act which
would constitute an unlawful burden upon or an unlawful
interference with interstate or foreign commerce or which h
would be in violation of the constitution or laws of the United
States or the constitution or the laws of the State of
California.
(n) The penalties provided for in section 5.11 of this
Code shall apply to the tax imposed by this article; provided,
that should said tax be collected by the County of Los Angeles,
the delinquency date shall be the same date ad valorem property
taxes become delinquent.
Section 2. If any section, subsection, subdivision,
paragraph, sentence, clause or phrase of this ordinance or any
part thereof is for any reason held to be invalid, unlawful or
unconstitutional, such decision, and the decision not to enforce
such, shall not affect the validity of the remaining portion of
this ordinance or any part thereof. The City Council declares
that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase thereof, irrespective of
the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be
declared invalid, unlawful or unconstitutional.
Section 3. This Ordinance relates to the levying and
collecting of the City's special parcel tax and shall be in full
_force and effect ten (10) days after the certification by the
City Council of the election returns indicating passage of this
Ordinance by two-thirds of the voters casting votes in the
election.
Section 4. The Mayor is hereby authorized to attest to
adoption of this Ordinance by signing where indicated below.
I hereby certify that the forgoing ordinance was PASSED, APPROVED
and ADOPTED by the people of the City of Vernon voting on the
31st day of August 2010.
Mayor
ATTEST:
City Clerk
EXHIBIT C
EXHIBIT C
BALLOT MEASURE AMENDING THE
CHARTER OF THE CITY OF VERNON
The People of the City of Vernon do hereby amend the Charter of
the City of Vernon as follows:
1. Chapter 8.12 is hereby added to Article VIII of the Charter
of the City of Vernon to read as follows:
"CH: 8.12 Light and Power Revenues.
After revenues from the City's Light and Power enterprise
are deposited into the Light and Power Fund, such revenues
shall be used solely for the purpose of supporting the
Light and Power enterprise."
2. The City Clerk is directed to certify to the passage of
this Charter Amendment and to file it in the Office of the
Secretary of State forthwith, and to take such other actions as
are necessary to give effect to its passage.
PASSED AND ADOPTED BY THE VOTER THIS 31s' DAY OF AUGUST 2010.
Mayor
ATTEST:
City Clerk
C- ].
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: May 25, 2010
TO: Donal O'Callaghan, City Administrator/Director of Light & Power
Laurence Wiener, City Attorney
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 2010-60 — A RESOL ON OF THE CITY COUNCIL OF THE CITY OF
VERNON CALLING A SPECIAL MAILED BALLOT ELECTION TO BE HELD ON
AUGUST 31, 2010 AND ORDERING THAT MEASURES BE SUBMITTED TO THE
VOTERS OF THE CITY TO AMEND THE CITY CHARTER REGARDING CITY COUNCIL
MEMBER QUALIFICATIONS, TO AMEND SECTION 5.45 OF ARTICLE IV OF CHAPTER
5 OF TIE CITY MUNICIPAL CODE TO EXPAND THE USE OF THE PROCEEDS OF THE
SPECIAL PARCEL TAX ON WAREHOUSES, TRUCK TERMINALS, FREIGHT
TERMINALS, RAILROAD FACILITIES OR OTHER DISTRIBUTION FACILITIES, AND
TO AMEND THE CITY CHARTER TO RESTRICT THE USE OF CERTAIN LIGHT AND
POWER REVENUES TO SUPPORTING THE LIGHT AND POWER ENTERPRISE
Transmitted herewith is a copy of Resolution No. 2010-60 referenced above, which was approved by
City Council on May 24, 2010.
Thank you.
WY:dj
c: Kristen Enomoto
Resolution No. 2010-60
City Clerk's Office
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Vernon, at its meeting to be
held on Monday, May 24, 2010, at 9:00 a.m. in the Council Chambers of the City Hall, 4305
Santa Fe Avenue, Vernon, California 90058 will hold a public hearing to consider:
A RESOLUTION OR RESOLUTIONS OF THE CITY COUNCIL OF THE
CITY OF VERNON CALLING AND GIVING NOTICE OF A SPECIAL
ELECTION TO BE HELD IN THE CITY OF VERNON ON AUGUST 31,
2010, PROVIDING FOR THE ELECTION TO BE CONDUCTED AS A
MAILED BALLOT ELECTION AND SUBMITTING TO THE VOTERS OF
THE CITY OF VERNON A PROPOSED ORDINANCE AMENDING
SECTION 5.45 OF ARTICLE IV OF CHAPTER 5 OF THE CODE OF THE
CITY OF VERNON, CALIFORNIA, REGARDING A SPECIAL TAX ON
PARCELS OF REAL PROPERTY USED OR DESIGNED FOR USE AS A
WAREHOUSE, TRUCK TERMINAL, FREIGHT TERMINAL, RAILROAD
FACILITY OR OTHER DISTRIBUTION FACILITY, TO EXPAND THE
USE OF THE PROCEEDS FROM THE SPECIAL TAX TO INCLUDE
POLICE AND FIRE PROTECTION SERVICES.
At the public hearing, the City Council will consider calling a special mailed ballot election on
August 31, 2010 to submit to the voters a proposed ordinance that would expand the uses of
proceeds of the special tax on parcels of real property used or designed for use as a warehouse,
truck terminal, freight terminal, railroad facility or other distribution facility to include police
and fire protection services. Current code requirements authorize the proceeds of the special tax
to be used for construction, improvement and maintenance of streets, bridges and other public
rights -of -way, including for the acquisition of land.
At the public hearing, the City Council will hear and consider all comments, and may adopt the
resolution. All interested persons are invited to attend and speak on this matter. Written
comments may also be submitted and should be addressed to the City Council, c/o City Clerk,
4305 Santa Fe Avenue, Vernon, California 90058. The comments should be received prior to the
hearing date.
Please note that if you challenge the City Council's action in regards to this matter in court, you
may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the City, either at or prior to
the public hearing.
If there are any questions regarding this notice, please contact Willard G. Yamaguchi, City Clerk
of the City of Vernon at (323) 583-8811. A copy of the proposed resolution is on file at the
Office of the City Clerk and can be reviewed by any interested person at 4305 Santa Fe Avenue,
Vernon, California 90058.
This space is for the County Clerk's Filing Stamp
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STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I am a citizen of the United States and a resident
of the County aforementioned; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal clerk
of the printer of
EASTERN GROUP PUBLICATIONS'
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newspapers of general circulation, printed and
published THURSDAYS in the County of Los
Angeles, and which newspaper has been adjudicated
a newspaper of general circulation by the Superior
Court of the County of Los Angeles, State of
California, under the
date of JUNE 21, 1966,
CASE NUMBER 884861;
that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has
been published in each regular and entire issue of
said newspaper and not in any supplement thereof
on the following dates, to -wit:
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all in the year 2010.
1 certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 131hday of MAY, 2010.
A02�i
Signature
CITY OF VERNON
Proof of Publication of
Notice of Public Hearing: Monday. May 24. 2010
—A Resolution or Resolutions of the City Council
of the City of Vernon Calling and Giving Notice of
a Special Election... August 31. 2010
f �
RECEIVED
MAY 202010
STAFF REPORT CITY CLERKS OFFICE
CITY ADMINISTRATION OFFICE
DATE: May 24, 2010 D
TO: Honorable Mayor and Members of the City Council
FROM: City Administrator
RE: Ballot Measures for August 31, 2010 Election
Introduction
am recommending that the City Council place three measures before the voters in a
mailed ballot election on August 31, 2010. These three measures are:
(1) Shall the Vernon City Charter be amended to require that candidates for the City
Council must live in, and be registered to vote in, the City of Vernon for at least 30 days
prior to running for office?
(2) Shall an ordinance be adopted to allow the proceeds of the existing special parcel
tax on warehouses and similar uses to be spent on police and fire protection services?
and
(3) Shall the Vernon City' Charter be amended to restrict the use of certain Light and
Power revenues to supporting the Light and Power Enterprise?
Discussion
(1) Substance of Measures
Each of the first three measures described above requires voter approval and each is
motivated by different policy objectives. The following discussion describes the
background and effect of the measures.
(a) A Charter Amendment to require Council candidates to be
rt=nictar,-H to unto at laact -*in r nx/Q hafnra ri inninn fnr nffirra
As a charter city, the City of Vernon has the authority to regulate the conduct of its
elections, including, to some extent, the qualifications of Council members. Vernon's
history has raised a legitimate concern about the need to ensure that Council
candidates are residents of the City and registered voters in the City. The proposed
Charter amendment revises the City's eligibility requirements for Council members to
reflect the City's unique characteristics and to ensure that Council members are
residents and registered voters of the City, and to ensure a fair and open election
process that serves the registered voters of the City. Currently, a person could move
into the City, register to vote and file nomination papers for a City Council position on
the same day. This charter amendment would require that a person be a resident and
registered to vote for at least 30 days before being issued nomination papers.
As a Charter amendment, this measure can only be enacted by a vote of the residents.
(b) An ordinance to allow the City's special parcel tax to be used to fund
police and fire services.
Section 5.45 of the Vernon City Code sets forth a special parcel tax that is imposed on
properties used for warehouses, truck terminals, freight terminals, railroad facilities, or
distribution facilities. The special parcel tax rate is currently $24.00 per 100 square feet
of gross area of land.
Section 5.45 also limits the use of the special tax proceeds to "construction,
improvement, and maintenance of streets, bridges and other public rights of way,
including acquisition of land."
As the Council is aware, the City has been struggling to bring its general fund revenues
into line with its general fund expenses. The City has been particularly challenged by
the need to maintain top-flight police and fire services in the face of limited general fund
revenues.
In order to provide more flexibility to manage general fund revenues, the proposed
ordinance would expand the purposes for which the special tax proceeds may be used.
This ordinance would allow the proceeds of the tax to be spent to support police and fire
services in addition to the construction of rights of way. The proposed ordinance does
not increase the tax. The ordinance merely allows the proceeds from the existing tax to
be spent on police and fire services.
Because this ordinance amends a special tax, Articles XIIIA and XIIIC of the California
Constitution (which were adopted by Propositions 13 and 218, respectively) require that
the ordinance be submitted to the voters and approved by two-thirds of the voters.
(c) A Charter amendment to restrict the use of revenues deposited into the
Light and Power Fund to Light and Power purposes.
The City Council is aware of the importance of maintaining our reserves as required by
bond covenants and generally respecting the need to treat the Light and Power
enterprise as a business that supports our industrial constituents and the approximately
50,000 workers of the City of Vernon.
This Charter amendment would provide that once revenues are deposited into the Light
and Power fund, those revenues may only be used to support the Light and Power
enterprise.
The Light and Power fund would still be able to reimburse the general fund for services
provided to the Light and Power enterprise. If the Light and Power Fund is sufficient to
meet the obligations of the Light and Power enterprise, then additional revenues earned
by the Light and Power enterprise may be placed into other funds rather than being
placed into the Light and Power fund. The use of those revenues would not be
restricted by this Charter amendment.
As this measure is proposed as a Charter amendment, this measure may only be
enacted by a vote of the residents.
(2) Procedures
If the City Council decides to place the proposed measures on the ballot, then the
election will be conducted on August 31, 2010, which is the next available date for a
mailed ballot election. Permissible mailed ballot election dates are set forth in the
California Elections Code. Although the Vernon Charter provides that the City may
establish its own rules regarding municipal elections, the Charter also provides that the
general laws set forth in the Elections Code will be followed unless the City adopts a
specific ordinance superseding those laws. In this case, the City has not adopted an
ordinance changing the mailed ballot election dates.
As per the State law, ballots will be mailed to voters between 10 and 29 days before the
election date and will include the questions discussed above. Voters may then return
the ballots by mail or in person at the City Clerk's office. The City Clerk's office will
remain open until 8:00 p.m. on election day in order to receive ballots, as required by
the Elections Code.
(3) Choices to be made by the City Council
When calling an election, the City Council must make three choices about the conduct
of the election. These choices are embodied in Sections 6, 7 and 8 of the proposed
resolution calling the election. (These sections are marked "optional" in the draft
resolution.)
The first choice for the City Council is whether to have the City Attorney prepare an
impartial analysis of the ballot measures. An impartial analysis is a statement authored
by the City Attorney, that is no more than 500 words in length, and that describes the
effect of the proposed measure on existing law and the operation of the measure. If the
City Council chooses to have an impartial analysis prepared, then that impartial analysis
will appear in the sample ballot that is mailed to each registered voter.
The second choice for the City Council is whether to authorize one or more members of
the City Council to file an argument for or against each proposed measure. State law
provides that the City Council, one or more members of the City Council, a bona -fide
association of residents, or any one or more residents may file arguments for or against
any measure that is placed on the ballot. The arguments may be no more than 300
words in length and, if an argument is filed, then it will appear in the sample ballot.
If the City Council chooses to authorize one or more members to file an argument for or
against a measure, then the authorized member or members have priority over others if
more than one person or group files an argument.
The third choice for the City Council is whether to allow for rebuttal arguments in the
sample ballot. As noted above, State law provides that any person may file an
argument for or against a measure that is on the ballot. However, if arguments for and
against a measure are filed, then the City Council may choose whether to authorize the
authors of those arguments to file rebuttal arguments. For example, if the City Council
authorizes rebuttal arguments to be filed, then the authors of the argument in favor of a
measure may file a rebuttal to the argument against the measure. By the same token,
the authors of the argument against the measure may file a rebuttal to the argument in
favor of the measure. The rebuttal arguments may be no more than 250 words and
also appear in the sample ballot.
The City Attorney will review each of these choices with the City Council at Monday's
meeting. At that time, the City Council may make these choices and, if the City Council
chooses not to authorize the impartial analysis, not to designate a member or members
to file arguments, or not to allow rebuttal arguments, then we will amend the resolution
to remove Sections 6, 7 and/or 8, as appropriate.
Recommendation
recommend that the City Council adopt the resolution calling a mailed ballot election
for August 31, 2010 and place the three measures described above on that ballot.
cc: File
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES)
CITY OF VERNON )
ss
I, Willard G, Yamaguchi, City Clerk, of the City of Vernon do hereby
certify that I did, on the 26th of May 2010, post three (3) copies of
the following Notice to Voters for the Special Municipal Election to
be held August 13, 2010:
NOTICE TO VOTERS OF DATE AFTER WHICH NO ARGUMENTS FOR OR AGAINST
CITY MEASURES MAY BE SUBMITTED TO THE CITY CLERK
NOTIFICACION A LOS VOTANTES SOBRE LA FECHA DESPUES DE LA CUAL NO
SE PODRA PRESENTAR A LA SECRETARIA MUNICIPAL NINGUN ARGUMENTO A
FAVOR O EN CONTRA DE UNA MEDIDA MUNICIPAL
On each of the following places, to wit: on the bulletin board in the
lobby of the City Hall of the City of Vernon located at 4305 Santa Fe
Avenue; at the northwest corner of 38th Street and,Santa Fe Avenue; the
northeast corner of Leonis Blvd., and Pacific Blvd., all in said City,
there being no newspaper of general circulation printed and published
in the,City of Verno
Date: i5 /o
Wi lard G.
City Clerk
State of California )
) ss
County of Los Angeles)
On M� 4, `L.6 "2 010 before me, L
Personally appeared Willard G. Yamaguchi
Personally known to me (or known to me on the basis of satisfactory
evidence) to be the person whose name is/ subscribed to the
within instrument and acknowledged to me that he/s/ executed the
same in his/b/tr authorized capacity, and that by his/hje�%tr
signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
1.1149A D. JO}1NSON.
* COMMISSION#,16786621C WITNESS han and official seal
- Notary Public - Cali/omla r�
U LOS ANGELES COUNTY
My Comm. Expires Jane 29.2010 .
NOTICE TO VOTERS OF DATE AFTER WHICH NO ARGUMENTS FOR OR AGAINST CITY
MEASURE(S) MAY BE SUBMITTED TO THE CITY CLERK
NOTIFICACI6N A LOS VOTANTES SOBRE LA FECHA DESPUES DE LA CUAL NO SE POD"
PRESENTAR A LA SECRETARIA MUNICIPAL NINGUN ARGUMENTO A FAVOR O EN
CONTRA DE UNA MEDIDA MUNICIPAL
SE NOTIFICA que, el 31 de Agosto de 2010, se Ilevara a Cabo una Elecci6n Municipal Especial en la Ciudad
de Vernon, en cual se les presentara las siguientes medidas a los votantes:
Medida B:
Una ordenanza sera adoptada para permitir que Sl
las ganancias de los impuestos a las parcelas
especiales en las bodegas y usos similares se
gastaran en los Departamentos de Bomberos, NO
Policia y otros servicios de protecci6n?
Medida C:
�La Carta Constitucional de la cudad de Vernon se Sl
modificara Para restringir el use de ciertos ingresos
del Departamento de Luz y Energia Para soportar
la empresa de Luz y Energia?NO
ADEMAS SE NOTIFICA que en conformidad con el Articulo 4, Capitulo 3, Division 9 del C6digo
Electoral del Estado de California, el cuerpo legislativo de la Ciudad, o cualquier miembro o miembros"del
mismo autorizados por el cuerpo, o todo votante individual o asociacion genuina de ciudadanos, o toda
combinacion de votantes y asociaciones, pueden presentar un argumento escrito a favor o en contra de la
medida municipal, el cual no puede exceder las 300 palabras, acompanado por el nombre o nombres
impresos, y firma(s) de el(los) autor(es) que to presenten, o si es presentado en el nombre de una
organizaci6n, el nombre de la organizaci6n, y el nombre impreso y la firma de por to menos uno de sus
funcionarios principales, quien es el autor del argumento.
ADEMAS SE NOTIFICA que, basada en el tiempo razonablemente neceeario Para preparar e
imprimir los argumentos y boletas electorates de muestra Para la elecci6n el Secretario Municipal ha fijado
el 7 de Junio de 2010, durante el horario normal de trabajo, segun ha sido anunciado, como la fecha despu6s
de la cual no se podra presentar a el secretario municipal ningun argumento a favor o en contra de la medida
municipal Para su impresi6n y distribuci6n a los votantes' segun lo` dispuesto en el Articulo 4. Los
argumentos deberan ser presentados a el Secretario Municipal, acompanados por el nombre o nombres
impresos y firma(s) de el(los) autor(es) que los presenten, o si son presentados en el nombre de una
organizaci6n, el nombre de la organizaci6n, y el nombre impreso y la firma de por to inenos de sus
funcionarios principales, quien es el autor del argumento, en el Ayuntamiento en 4305 Santa' Fe Avenue,
Vernon, California. Los argumentos pueden ser cambiados o retirados'hasta e incluyendo la fecha fijada por,
el Secretario Municipal.
ADEMAS SE NOTIFICA que toda ordenanza, analisis imparcial, o argumento directo que' sea
presentado bajo la autoridad del codigo electoral estara a disposici6n del publico Para que to examine en la
ofici a de el secretario por un periodo que no podra ser menor a los `10 dias calendario de la fecha limite para
la resentaAJIV!,
los argumentos analisis.
Willard G.
etario Municipal
Fechada: 26 dede 2010
NOTICE TO VOTERS OF DATE AFTER WHICH NO
ARGUMENTS FOR OR AGAINST CITY MEASURES
MAY BE SUBMITTED TO THE CITY CLERK
NOTICE IS GIVEN that the Special Municipal Election is to be held in the City of Vernon on
August 31, 2010, at which there will be submitted to the voters the following measures:
Measure A:
Shall the Vernon City Charter be amended to YES
require that candidates for the City Council must
live in, and be registered to vote in, the City of
Vernon for at least 30 days prior to running for NO
office?
Measure B:
Shall an ordinance be adopted to allow the YES
proceeds of the existing special parcel tax on
warehouses and similar uses to be spent on
police and fire protection services? NO
Measure C:
Shall the Vernon City Charter be amended to YES
restrict the use of certain Light and Power
revenues to supporting the Light and Power
enterprise? NO
NOTICE IS FURTHER GIVEN that pursuant to Article 4, Chapter 3, Division 9 of the
Elections Code of the State of California, the legislative body of the City, or any member or members
thereof authorized by the body, or any individual voter or bona fide association of citizens, or any
combination of voters and associations, may file a written argument, not to exceed 300 words in length,
accompanied by the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on
behalf of an organization, the name of the organization, and the printed name and signature of at least
one of its principal officers who is the author of the argument, for or against the City measures.
NOTICE IS FURTHER GIVEN that, based upon the time reasonably necessary to prepare and
print the arguments and sample ballots for the election, the City Clerk has fixed June 7, 2010, during
normal office hours, as posted, as the date after which no arguments for or against the City measures
may be submitted to the clerk for printing and distribution to the voters as provided in the Article 4.
Arguments shall be submitted to the City Clerk, accompanied by the printed name(s) and signature(s) of
the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization,
and the printed name and signature of at least one of its principal officers who is the author of the
argument, at the City Hall, 4305 Santa Fe Avenue, Vernon, California. Arguments may be changed or
withdrawn until and including the date fixed by the City Clerk.
NOTICE IS FURTHER GIVEN that any ordinance, impartial analysis, or direct argument filed
under the authority of the elections code will be available for public examination in the clerk's office for
not less than 10-calendar days from the deadline for the filing of the arguments and analysis(es).
Willard G. Ya ag chi, 10 Clerk
Dated: May 26, 2010
BILL TO
City of Vernon
Kristen Enomoto, Deputy City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
Invoice
DATE
8/19/2010
SHIP TO
EASTSIDE SUN
NORTHEAST SUN
MEXICAN AMERICAN SUN
BELL GARDENS SUN
VERNON SUN
COMMERCE COMET
CITY TERRACE COMET
MONTEBELLO COMET
MONTEREY PARK COMET
ELA BROOKLYN-BELVEDERE COMET
wYVERNWOOD CHRONICLE
TOTAL CIRCULATION: 106,500
City of Vernon
Kristen Enomoto, Deputy City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
INVOICE #
P.O. NO,
DUE DATE
39076
Placed by K.Enomoto
8/29/2010
DESCRIPTION
QTY
RATE
AMOUNT
"Notice That All Ballots for Special Election... August
1
100.00
100.00
31, 2010... Central Counting Place/Noificacion de Que
Todas Las Boletas para La Eleccion Municipal
Especial... 31 de Agosto, 2010... Lugar Central De
Computos"
2 col. x 2" = 4.0 Column Inches
at $ 25.00 per column inch
_ $ 100.00 per publication date
Publication Dates:
1) Aug 19, 2010
APPROVED FOR PAYMENT
CHARGE
.UG 3 0 2010
City erk Dept.
CIT
CLERK'S OFFICE
If not paid by due date, interest charges will accrue.
Balance Due $100.00
Payments/Credits $0.00
Invoice Total $100.0o
Eastern Group Publications, Inc.
111 S. Avenue 59, Los Angeles, CA 90042-4211 323 341-7970 Fax 323 341-7976 www.egpnews.com
61/f) 6; 0
This space is for the County Clerk's Filing Stamp
'�Xastrrn 05rDup Uhlirafirruz, rc.c_
The Only All Hispanic Owned Chain of Bilingual Newspapers
111 S. Avenue 59, Los Angeles, CA 90042-4211
Ph 323.341-7970 • Fax 323.341-7976 • www.egpnews.com
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I am a citizen of the United States and a resident
of the County aforementioned; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal clerk
of the printer of
EASTERN GROUP PUBLICATIONS'
EASTSIDE SUN, MEXICAN AMERICAN SUN,
NORTHEAST SUN, BELL GARDENS SUN,
VERNON SUN, COMMERCE COMET,
CITYTERRACE COMET, MONTEBELLO COMET,
MONTEREY PARK COMET,
E.L.A. BROOKLYN BELVEDERE COMET AND
WYVERNWOOD CHRONICLE,
newspapers of general circulation, printed and
published THURSDAYS in the County of Los
Angeles, and which newspaper has been adjudicated
a newspaper of general circulation by the Superior
Court of the County of Los Angeles, State of
California, under the
date of JUNE 21, 1966,
CASE NUMBER 884861;
that the notice; ofwhich the annexed is a. printed
copy (set in type not smaller than nonpareil), has
been published in each regular and entire issue of
said newspaper and not in any supplement thereof
on the following dates, to -wit:
AUGUST 19,
all in the year 2010.
certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 19Iday of AUGUST, 2010.
CITY OF VERNON
Proof of Publication of
Notice That All Ballots for the Special Municipal
Election to be Held on Tuesday, August 31, 2010
Will Be Counted At A Central Counting Place /
Notificacion De true Todas Las Boletas Eiectoraies
para La Eleccion Municipal Especial Que Se
Llevara A Cabo El Martes. 31 de Agosto. 2010.
Seran Contadas En Lugar Central De Computos
Signature
Telephone (323) 583-8811
August 4, 2011
Hon. Debra Bowen
Secretary of State's Office
Elections Division
1500 1 lth Street, 5th Floor
Sacramento, California 95814
Re: Charter Amendments in the City of Vernon
Dear Secretary Bowen:
On August 31, 2010, the voters ofIhe City of Vernon approved amendments to the Charter of the
City of Vernon. Pursuant to Government Code Section 34460, enclosed please find a certified
and authenticated copy .of the complete text of the Charter amendments.
Please do not hesitate to contact me if you have any questions regarding this transmittal.
4Sinc ly,ard . Y c i
Clerk
Enclosures
E)CcCusivefy Industnaf
CERTIFICATE OF AUTHENTICATION
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
We, Hilario Gonzales, Mayor of the City of Vernon, County of Los Angeles, State of
California and Willard G. Yamaguchi, Clerk of the City Council of the City of Vernon, County
of Los Angeles, State of California, hereby certify that the attached is a full, true, complete and
authentic copy of:
Amendments to the Charter of the City of Vernon which were adopted by the voters of the
City of Vernon on August 31, 2010, as submitted to the voters and ratified by them.
The original of which is now on file in the Office of the Clerk of the City of Vernon,
County of Los Angeles, State of California.
IN WITNESS WHEREOF, we have hereunto set our hand and affixed the official Seal of
the City of Vernon, County of Los Angeles, State of California, this 977day of August, 2011.
Hilario Gonzales,
Mayor of the City of Vernon,
County of Los Angeles,
State of California
AT STED:
illard Yamag i
City Clerk of the Cky,of Ve n
Willard . uchi, rk of the
City Council f _ e City of Vernon
[Seal]
AMENDMENTS TO VERNON CITY CHARTER
Chapter 3.3 of Article III of the Charter of the City of Vernon is amended in its entirety
to read as follows:
"CH:3.3 Eligibility.
No person shall be eligible to hold the office of councilmember
unless he or she has resided in the City of Vernon and been
registered to vote for at least thirty (30) consecutive calendar days
immediately preceding the date nomination papers are issued to
such person by the City Clerk, and remains a resident and
registered voter continuously in the City until the election and
throughout his or her term as councilmember."
Chapter 8.12 is hereby added to Article VIII of the Charter of the City of Vernon to read
as follows:
"CH: 8.12 Light and Power Revenues.
After revenues from the City's Light and Power enterprise are
deposited into the Light and Power Fund, such revenues shall be
used solely for the purpose :of supporting the Light and Power
enterprise.
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