Resolution No. 2011-155RESOLUTION NO. 2011-155
A RESOLUTION OF THE'CITY COUNCIL OF THE CITY OF
VERNON AMENDING THE NAMING OF THE MEASURES TO BE
SUBMITTED TO THE VOTERS OF THE CITY FOR THE SPECIAL
MAILED BALLOT ELECTION TO BE HELD ON
NOVEMBER 22, 2011
WHEREAS, on August 25, 2011, the City Council of the City of
Vernon adopted Resolution No. 2011-148 calling a special mailed ballot
election to be held on November 22, 2011, and submitting to the voters
of the City certain governance reform measures requiring amendments to
the City Charter; and
WHEREAS, the measures were posted on August 25, 2011, naming
said measures A - F; and
WHEREAS, the City is holding a municipal election on
November 8, 2011, submitting to the voters measures A - D; and
WHEREAS, by memorandum dated September 7, 2011, the City
Clerk has recommended that the naming of measures A - F for the
November 22, 2011, special mailed ballot election be amended to
alleviate potential voter confusion; and
WHEREAS, the City Council of the City of Vernon desires to
amend the naming of the measures in accordance with Elections Code
Sections 13116(a) and (b).
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: The City Council of the City of Vernon hereby
amends the naming of the Measures which are lettered and named as
follows:
(a) A measure to amend Chapter 7.5 of Vernon's Charter to
require that the City maintain a Housing Commission.
Measure E:
Shall the Vernon City Charter YES
be amended to require that
the City maintain a Housing,
Commission?
NO
The text of the above -referenced amendment to be submitted to
the voters is attached hereto as Exhibit A and incorporated herein by
reference.
(b) A measure to amend Article IX of Vernon's Charter to
ensure that an Independent Reform Monitor is retained for four years.
Measure F:
Shall the Vernon City Charter YES
be amended to ensure that an
Independent Reform Monitor is
retained for four years? NO
The text of the above -referenced amendment to be submitted to
the voters is attached hereto as Exhibit B and incorporated herein by
reference.
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(c) A measure to amend Chapter 3.7 of Vernon's Charter
to require an election to fill vacant seats on the City Council and
prohibit the appointment of council members by the City Council.
Measure G:
Shall the Vernon City Charter YES
be amended to require a
special election to fill
vacancies on the City Council
and prohibit the appointment NO
of council members by the
City Council?
The text of the above -referenced amendment to be submitted to
the voters is attached hereto as Exhibit C and incorporated herein by
reference.
(d) A measure to amend Chapter 3.11 of Vernon's Charter to
prohibit council members from increasing their compensation in excess
of cost -of -living adjustments.
Measure H:
Shall the Vernon City Charter YES
be amended to prohibit
council members from
increasing their compensation
NO
in excess of cost -of -living
adjustments?
- 3 -
The text of the above -referenced amendment to be submitted to
the voters is attached hereto as Exhibit D and incorporated herein by
reference.
(e) A measure to amend Chapter 8-.12 of Vernon's Charter to
remove restrictions on the use of revenues from the City's Light and
Power enterprise deposited into the City's Light and Power Fund.
Measure I:
Shall the Vernon City Charter YES
be amended to remove
restrictions on the use of
revenues from the City's
Light and Power enterprise NO
deposited into the City's
Light and Power Fund?
The text of the above -referenced amendment to be submitted to
the voters is attached hereto as Exhibit E and incorporated herein by
reference.
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(f) A measure to amend Chapter 8.10 of Vernon's Charter to
require the establishment of a process allowing for open and
competitive bidding on City service contracts by City Council
ordinance.
Measure J:
Shall the Vernon City Charter YES
be amended to require the
establishment of a process
allowing for open and
competitive bidding on City NO
service contracts by City
Council ordinance?
The text of the above -referenced amendment to be submitted to
the voters is attached hereto as Exhibit F and incorporated herein by
reference.
/ 1 /
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SECTION 3: 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 20th day of September, 2011.
Name: Hilario Gonzales
Title: Mayor / Lie- n-
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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. 2011-155, 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, September 20, 2011, and thereafter was duly signed by
the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of September, 2011, at Vernon, California.
r
Willard G. V
guco, City Clerk
(SEAL)
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EXHIBIT A
EXHIBIT A
MF.ACTTRF. F
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 7.5 of Article VII of the Charter of the City of
Vernon is amended in its entirety to read as follows:
"CH: 7.5 Boards and commissions.
The city council may, by ordinance, establish such
boards and commissions as the council deems to be
necessary, and shall provide for the method of
selection, tenure, duties and any compensation of the
boards and commissions so established.
There shall be established a Housing Commission,
which shall oversee the day-to-day management, leasing
and maintenance of city -owned housing stock."
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 DAY OF ,
Hilario Gonzales, Mayor
ATTEST:
Willard G. Yamaguchi, City Clerk
A-1
EXHIBIT B
EXHIBIT B
MEASURE F
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 9.7 of Article IX of the Charter of the City of
Vernon will be added to read as follows:
"CH: 9.7 Independent reform monitor.
For a period of four years from the adoption of this
provision, there shall be a contract with an
independent reform monitor who shall review the city's
policies and procedures and recommend city governance
reform measures and initiatives in the best interest
of the city. The independent reform monitor shall
execute these duties independently of the city council
and any city officer.
The independent reform monitor shall have the power
to conduct audits of all city operations and budgets
as well as review any proposed service contract that
is substantial in nature. The independent reform
monitor shall report back annually to the state
legislature on the progress of the city's reform
efforts and shall make recommendations on any
additional reforms that may be necessary."
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 DAY OF ,
Hilario Gonzales, Mayor
ATTEST:
Willard G. Yamaguchi, City Clerk
01-IN
EXHIBIT C
EXHIBIT C
MEASURE G
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 3.7 of Article III of the Charter of the City of
Vernon is amended in its entirety to read as follows:
"CH: 3.7 Vacancy.
Any vaeaney eeggin the eity eeuneil �e
whatever reaser-Faay b e—filled by appea:ntment bey --fie
off— fire ; l. i f t ie—e t y e$�Z e i l f -, l f i l '1 tz 1-, e
�. � �- Y .cCriz-S—te�Trc
;oaeane'¢—within t—thrr, l' days, tren the ei
shallriffffRediately a speeic�ele£�tr6i te fill the
The city council shall not have the power to appoint
a council member under any circumstances.
If any vacancy occurs in the city council for
whatever reason, the city council shall call a special
election to fill the vacancy. Any person appeintee-ei-
elected to fill a vacancy on the city council shall
hold office for the remainder of the term in the
absence of death, removal from office or
disqualification.
If an election occurs at which one or more full
terms and one or more unexpired terms are to be
filled, no distinction between the full terms and the
unexpired terms shall be made in nominating or voting.
The person or persons elected by the highest number of
votes shall be elected for the full term or terms and
the person or persons elected with the fewest votes
shall be elected for the unexpired term or terms."
C-1
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 DAY OF ,
Hilario Gonzales, Mayor
ATTEST:
Willard G. Yamaguchi, City Clerk
C-2
EXHIBIT D
EXHIBIT D
MEASURE H
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 3.11 of Article III of the Charter of the City of
Vernon is amended in its entirety to read as follows:
"CH: 3.11 Compensation.
The. council may determine the base compensation of
councilmembers by resolution adopted by a majority
vote of the members of the council. Any change in the
base compensation of councilmembers shall be effective
on the first day of the following fiscal year or such
other date as may be specified in the resolution. The
council shall not increase the base compensation of
councilmembers in excess of cost -of -living
adjustments.
In addition to such base compensation, individual
councilmembers may be compensated for serving on city
boards, commissions, committees or other city
governmental bodies. Such additional compensation
shall be set by resolution adopted by a majority vote
of the members of the council. Any change in
additional compensation of councilmembers shall be
effective on the first day of the following fiscal
y.ear.or such other date as may be specified in the
resolution. The council shall not increase such
additional compensation of councilmembers in excess of
cost -of -living adjustments.
Councilmembers shall also receive compensation for
actual or anticipated expenses that may be incurred in
the performance of their duties of office."
D-1
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 DAY OF
Hilario Gonzales, Mayor
ATTEST:
Willard G. Yamaguchi, City Clerk
EN
EXHIBIT E
EXHIBIT E
MEASURE I
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 of Article VIII of the Charter of the City of
Vernon will be deleted in its entirety:
"C�-8.''�--Lightandpewer revenues.
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 DAY OF
Hilario Gonzales, Mayor
ATTEST:
Willard G. Yamaguchi, City Clerk
E-1
EXHIBIT F
EXHIBIT F
MEASURE J
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 8.10 of Article VIII of the Charter of the City of
Vernon is amended in its entirety to read as follows:
"CH: 8.10 Contracts.
The city council shall have the power, by majority
vote, to enter into any contract on behalf of the
city. All contracts must be in writing, signed by the
mayor or other officer authorized by resolution, and
attested by the city clerk. There shall be no bidding
requirements for any contract unless the city council
otherwise provides by ordinance, with the exception
that an open and competitive bidding process shall be
established for service contracts. The city council
shall establish by ordinance the specific provisions
for such open and competitive bidding process."
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 DAY OF ,
Hilario Gonzales, Mayor
ATTEST:
Willard G. Yamaguchi, City Clerk
F-1
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SEP 12 2011
CITY CLERK'S OFFICE STAFF REPORT
City Clerk's Office
DATE: September 7, 2011
TO: Honorable Mayor and City Council
FROM: Willard G. Yamaguchi, City Clerk
RE: November 22, 2011, Election
Ratification of Change in Measure Identifiers
RECEIVE®
SEP 0 8 2011
CITY ADMINISTRATION
On August 25, 2011, the City Council Approved Resolution No. 2011-148, calling a Special All
Mail Ballot Election to be held on November 22, 2011, and submitting to the voters of the City
certain governance reform measures requiring amendments to the City Charter. The measures
were named Measures A-F.
City Council had previously called for four measures for a Municipal Election to be held
November 8, 2011. These measures were named Measured A-D
Pursuant to Election Code 13116 (a) All county, city, or other local measures shall be designated
by a letter, instead of a figure, printed on the left margin of the square containing the description
of the measure, commencing with the letter "A" and continuing in alphabetical order, one letter
for each of these measures appearing on the ballot. Furthermore, pursuant to section (b), an
elections official may commence designating local measures with any letter of the alphabet
following the letter "A," and continuing in alphabetical order, in order to avoid voter confusion
that might result from different local measures carrying the same letter designation in successive
elections.
Since the November 8 and November 22 elections are within two weeks of each other, and the
measures on both elections start with the letter "A," this may lead to voter confusion.
Recommendation:
It is recommended that the Council ratify the naming of the measures on the Special All Mail
Ballot Election to be held on November 22, 2011, to Measures E-J in order to comply with the
Elections Code and alleviate potential voter confusion.
WGY/ab
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: September 21, 2011
TO: Michael Montgomery, Interim City Attorney
Mark Whitworth, City Administrator
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 2011-155 - A Resolution of the City Council
of the City of Vernon Amending the Naming of the Measures to
be Submitted to the Voters of the City for the Special
Mailed Ballot Election to be Held on November 22, 2011
Transmitted herewith is a copy of Resolution No. 2011-155 referenced
above, which was approved by City Council on September 20, 2011.
Thank you.
WY:dj
Attachment
c: Ana Barcia
Resolution Nos. 2011-148 & 2011-155