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Resolution No. 2011-019RESOLUTION NO. 2011-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, APPOINTING WILLIAM MICHAEL MCCORMICK TO THE COUNCIL OFFICE AND CANCELLING THE GENERAL MUNICIPAL ELECTION THAT WAS TO BE HELD ON TUESDAY, APRIL 12, 2011 WHEREAS, a General Municipal Election is scheduled for Tuesday, April 12, 2011, to fill one seat on the City Council of the City of Vernon for the full term of five years; and WHEREAS, the General Municipal Election is required by the Charter of the City of Vernon and was called by Resolution No. 2010-167, which was approved and adopted on November 15, 2010; and WHEREAS, Resolution No. 2010-168 was approved and adopted November 15, 2010, requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City relating to the conduct of the General Municipal Election to be held on Tuesday, April 12, 2011; and WHEREAS, Resolution No, 2010-169 was approved and adopted on November 15, 2010, adopting regulations for candidates for elective offices pertaining to candidates' statements submitted to the voters at the General Municipal Election to be held on Tuesday, April 12, 2011; and WHEREAS, a Notice of election was properly given on December 16, 2010; and WHEREAS, the nomination period began on December 20,`2010, and ended January 18, 2011; and WHEREAS, Section 2.90 of the Vernon City Code and Section 10229 of the Elections Code of the State of California authorize the appointment of the nominee for office in a City of Vernon municipal election if the election is uncontested; and WHEREAS, as of 5:30 p.m. on January 18, 2011, only one person was nominated for the one elected office to be elected in this City, said nominee consisting of William Michael McCormick; and WHEREAS, the City Clerk has submitted a certification of this fact to the City Council; and WHEREAS, Section 2.90 of the Vernon City Code and Section 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council: 1. Appoint to the office the person who has been nominated. 2. Appoint to the office any eligible voter if no one has been nominated. 3. Hold the election if either no one or only one person has been nominated. WHEREAS, pursuant to Section 10229 of the Elections Code, a notice that only the above -named person was nominated for office was published in the Vernon Sun, a newspaper of general circulation, and in a manner consistent with the requirements of Government Code Section 6061; and WHEREAS, the publication occurred on January 27, 2011; and WHEREAS, Section 10229 of the Elections Code provides that said appointment may be made "after the fifth day following the date of posting or publication" and Section 2.90 of the Vernon City Code provides that said appointment shall be made "by the 50th day prior to the municipal election;" and WHEREAS, the 50th day prior to the municipal election falls on February 21, 2011. K 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 recitals contained hereinabove are true and correct. SECTION 2: pursuant to Section 2.90 of the Vernon City Code, the following person is herby appointed to the office to which he was nominated: NAME OFFICE TERM WILLIAM MICHAEL MCCORMICK MEMBER OF THE CITY COUNCIL FIVE YEARS SECTION 3: The election scheduled to be held on Tuesday, April 12, 2011, is hereby cancelled, and the City Clerk is hereby directed to notify the Los Angeles County Registrar of Voters of the Cancellation of the election. SECTION 4: The person appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office. 9 SECTION 5: 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 1st day of February, 2011. Name: Hilario Gonzales ATT T: Willard G. Ya a V i, C'ty Clerk Title: Mayor /ti�-�- F 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. 2011-19, 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, February 1, 2011,'and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this � day of February, 2011, at Vernon, California. (SEAL) k1lard . Y m uc , City Clerk 5 OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 February 3, 2011 Registrar-Recorder/County Clerk Los Angeles County Attn: Jerome Laguesma Election Coordination Section, 3rd Floor, Rm. 3205 12400 E. Imperial Highway Norwalk, CA 90650 Re: Resolution No. 2011-19 — A Resolution of the City Council of the City of Vernon, California, Appointing William Michael McCormick to the Council Office and Cancelling the General Municipal Election That Was to Be Held on Tuesday, April 12, 2011 Dear Mr. Laguesma: Transmitted herewith is a copy of Resolution No. 2011-19 that was approved by City Council on February 1, 2011. If you have any questions regarding this matter, please contact me at (323) 583-8811 ext. 175. Very ruly yours, WILLARD G. YAM CHI City Clerk WGY:dj Enclosure c: Resolution No. 2011-19 Excfusivefy Industrid Of rEA MF I je P ��f GY NOJ IAN 2 4 Nil RECEI D-- JAN20 -- STAFF REPORT CITY CLERK'S OFFICE CITY ATTORNEY DE►J .Risk Management DATE: January 20, 2011 TO: Honorable Mayor and City Council FROM: Willard G. Yamaguchi, Risk Manager RE: Appointment to Office- General Municipal Election, April 12, 2011 Background: -- As of the closing date for the nomination period, William Michael McCormick was the only nomination for the General Municipal Election, to be held on Tuesday, April 12, 2011. Section 2.90 of the Vernon City Codes provides that we have until the 50th day prior to the election to appoint someone to office under these circumstances. Recommendation: I recommend that the Council adopt a resolution appointing William McCormick to office and cancel the General Municipal Election of April 12, 2011. WGY/ab cc: Mark Whitworth