Resolution No. 2012-208RESOLUTION NO. 2012-208
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON, CALIFORNIA, CALLING FOR THE HOLDING OF AN
ALL MAIL BALLOT GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, APRIL 9, 2013, FOR THE ELECTION OF
CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF
THE CHARTER OF THE CITY OF VERNON
WHEREAS, under the provisions of the Charter of the City of
Vernon, a General Municipal Election shall be held on April 9, 2013,
for the election of Municipal Officers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: Pursuant.to the requirements of the Charter of
the City of Vernon, there is called and ordered to be held in the City
of Vernon, California, on Tuesday, April 9, 2013, a General Municipal
Election conducted by all mail ballot for the purposes of electing one
(1) Member of the City Council for the full term of five (5) years.
SECTION 2: The ballots to be used at the election shall be
in a form and content as required by law.
SECTION 3: The Interim 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 by all mail ballot.
SECTION 4: Pursuant to the City of Vernon Municipal Code,
and other applicable provisions of the Charter of the City of Vernon and
Ordinances of the City of Vernon, said Election shall be conducted by
all mail ballot, and shall be conducted pursuant to Chapter 2 of
Division 4 (commencing with Section 4100) of the California Elections
Code only insofar as required by law, and only where not inconsistent
with the Charter and ordinances of the City of Vernon. Notwithstanding
Elections Code Section 4103, ballots cast in this Election shall be
returned to the office of the City Clerk no later than 8:00 o'clock p.m.
on election day. Only ballots received in the office of the City Clerk
by 8:00 o'clock p.m. on election day shall be counted. The City Hall
located at 4305 Santa Fe Avenue in the City of Vernon is hereby
designated as the polling place.
SECTION 5: The polls for the election shall be open at 7:00
o'clock a.m. of the day of the election and shall remain open
continuously from that time until 8:00 o'clock p.m. of the same day when
the polls shall be closed, pursuant to Election Code.Section 10242,
except as provided in Section 14401 of the Elections Code of the State
of California
SECTION 6: In all particulars not recited in this
resolution, the election shall be held and conducted as provided by
law for holding municipal elections.
SECTION 7: Notice of the time and place of holding the
election is given and the Interim City Clerk is authorized, instructed
and directed to give further or additional notice of the election, in
time, form and manner as required by law.
SECTION 8: The Interim City Clerk is directed to forward
without delay to the County Election Department a certified copy of
this resolution at the following address:
Registrar-Recorder/County Clerk Los Angeles County
12400 E.`Imperial Highway
Norwalk, CA 90650
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SECTION 9: The City Council of the City of Vernon
authorizes the Interim City Clerk to administer said election and all
reasonable and actual election expenses shall be paid by the City upon
presentation of a properly submitted bill.
SECTION 10: The Interim City Clerk of the City of Vernon
shall certify to the passage, approval and adoption of this
resolution, and the Interim City Clerk of the City of Vernon shall
cause this resolution and the Interim. City Clerk's certification to be
entered in the File of Resolutions of the Council of this City.
APPROVED AND ADOPTED this 6th day of November, 2012.
Name: William J. Davis
Title: Mayor
A I ASi 4C f
Dana R'ed, Interim City Clerk
_3_
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, Dana Reed, Interim City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 2012-208,
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, November 6, 2012, and thereafter was duly signed by the Mayor
or Mayor Pro-Tem of the City of Vernon
Executed this g day of November 2012, at Vernon, California.
DEUa Reed, Interim City Clerk
(SEAL)
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f"CEIVED
+C 2 5 2012
STAFF REPORT
Citv Clerk's Office
DATE: October 23, 2012
TO: Honorable Mayor and City Council
FROM: Dana Reed, Acting City Clerk Njx�
RE: General Municipal Election — April 9, 2013
Background:
OCT 2 4 2012
CITY ADMINISTRATION
On April 9, 2013, the City of Vernon will be conducting an all mail ballot General Municipal
Election ("election") for the purpose of electing one member of the City Council for the full term
of five years.
This requires a resolution calling the election, and a resolution adopting regulations pertaining to
materials prepared by any candidate for a municipal election.
Historically and procedurally, the City has adopted a new set of regulations relating to candidate
statements for each candidate election, which are election specific. That is, although the contents
of the regulations are the same in each election, the resolution applies only to a single specific
election.
Since the candidate statement resolutions have been election specific, a new candidate statement
resolution must be adopted for the April 9, 2013 election. It is recommended that the candidate
statement guidelines be generalized and not election specific. Furthermore, for translating
purposes an electronic copy is required. For this reason, in addition to the typewritten form
requirement, direction that an electronic copy should also be submitted to the Clerk's
Department when fling candidate statement is suggested.
Additionally, the City Clerk's office requires the Board of Supervisors of the County of Los
Angeles to permit the County Election Department to prepare and furnish to the City the
computer record of the names and addresses of all eligible registered voters in the City, and
regulations regarding candidate statements, so that the City may print labels to be attached to
self -mailer sample ballot pamphlets, and to make available to the City additional election
equipment and assistance according to state law.
Recommendation:
I recommend that the following resolutions be approved for the General Municipal Election to be
held on April 9, 2013:
1. Calling the election,
2. Regulations regarding candidate statements,
3. Engagement of the County of Los Angeles Election Department,
DR/ab
December 4, 2012
Registrar-Recorder/County Clerk Los Angeles County
Election Coordination Section, 3rd Floor, Rm. 3207
12400 E. Imperial Highway
Norwalk, CA 90650
Re: Resolution No. 2012-208 — A Resolution of the City Council of the City of Vernon,
California, Calling for the Holding of an All Mail Ballot General Municipal Election to be
Held on Tuesday, April 9, 2013, for the Election of Certain Officers as Required by the
Provisions of the Charter of the City of Vernon
To Whom It May Concern:
Transmitted herewith is a certified copy of Resolution No. 2012-208 that was approved by City
Council on November 6, 2012.
If you have any questions regarding this matter, please contact Dana Reed at (323) 583-8811 ext.
363.
Very trul yours,
Deborah R. Juarez
Records Management Assistant
Enclosure
c: Ana Barcia
Dana Reed
Resolution No. 2012-208
E,chusiveo; Industrial
CERTIFICATE
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES)
I, Ana Barcia, Deputy City Clerk of the City of Vernon,
County of Los Angeles, State of California, hereby certify that
the attached is a full and complete copy of:
RESOLUTION NO. 2012-208 - A Resolution of the City Council of
the City of Vernon, California, Calling For the Holding of an
All Mail Ballot General Municipal Election to be Held on
Tuesday, April 9, 2013, for the Election of Certain Officers
as Required by the Provisions of the Charter of the City of
Vernon
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official Seal of the City of Vernon, County of Los Angeles,
State of California, on this -4 day of December 2012.
SEAL:
Ana arcia
Deputy City Clerk
ORDINANCE NO. 1201
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
VERNON, CALIFORNIA, AMENDING ARTICLE XV OF CHAPTER
2 OF THE CODE OF THE CITY OF VERNON, RELATING TO
THE CONDUCT OF ELECTIONS AND RATIFYING RESOLUTION
NO. 2012-208
WHEREAS, pursuant to Section 5.1 of the City Charter, the
City holds general municipal elections on the second Tuesday of April
in each year; and
WHEREAS, the City Council from time to time calls special
elections; and
WHEREAS, Section 5.3 of the City Charter authorizes the City
Council to adopt, by ordinance, procedures governing municipal
elections; and
WHEREAS, the City Council desires to clarify its procedures
for conducting elections; and
WHEREAS, on November 6, 2012, the City Council of the City
of Vernon adopted Resolution No. 2012-208 calling a general municipal
election to be held on April 9, 2013 by all mail ballot; and
WHEREAS, the City Council desires to ratify Resolution No.
2012-208; calling the April 9, 2013 General Municipal Election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON HEREBY
ORDAINS
SECTION 1: Findings. The City Council of the City of
Vernon hereby finds that the above.recitals are correct.
SECTION 2: Code Amendment. Article XV of Chapter 2 of the
Code of the City, formerly titled "Election Dates", is amended to read
as follows:
ARTICLE XV. CONDUCT OF ELECTIONS
Section 2.118. Conduct of Elections
(a) Notwithstanding any limitation contained in the general
laws of the state, the City Council may, in the
resolution or ordinance calling a general municipal
election or any other election, direct that such
election be conducted wholly by mail as an all mail
ballot election.
(b) A special municipal election may be held on any date,
regardless of whether the date is an established
election date under the general laws of the state
governing municipal elections.
(c) An all mail ballot election may be held on any date,
regardless of whether the date is an established mailed
ballot election date under the general laws of the state
governing municipal elections.
(d) If, in connection with an election, the last day for
submission to the City Clerk of any filing, argument, or
other document would otherwise be a day on which the
City Clerk's Office does not open to the public (such as
a Saturday, Sunday, public holiday or other day on which
City Hall is closed) such submission may occur on the
next business day with the same effect as if it had
occurred upon the day otherwise appointed.
(e) In all other respects, the conduct of elections,
including the selection of election dates, shall be
pursuant to the general laws of the state governing
municipal elections, except to the extent such general
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laws are inconsistent with the provisions of this Code
or of the City Charter
SECTION 3: Resolution No. 2012-208. It is the intent of
the City Council that the April 9, 2013 General Municipal Election be
conducted as set forth in this Ordinance. To that end, the City
Council ratifies its Resolution No. 2012-208, adopted on November 6,
2012, calling the April 9, 2013 General Municipal Election as an all
mail ballot election.
SECTION 4: Severability. If any chapter, article, section,
subsection, subdivision, paragraph, sentence, clause, phrase, or word
in this Ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part
thereof. The City Council hereby declares that it would have adopted
this Ordinance and each chapter, article, section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof,
irrespective of the fact that any one or more chapters, articles,
sections, subsections, subdivisions, paragraphs, sentences, clauses,
phrases or words be declared unconstitutional, or invalid, or
ineffective.
SECTION 5: Book of Ordinances. The Interim City Clerk
shall attest and certify to the adoption of this Ordinance and shall
cause this Ordinance and the Interim City Clerk's certification to be
entered in the Book of Ordinances of the Council of this City. The
Interim City Clerk shall cause this ordinance -to be published or posted
as required by law.
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SECTION 6: Approval; Effective Date. Pursuant to Section
4.3(a) of the City Charter, this ordinance shall take effect
immediately upon adoption and is hereby introduced and adopted at the
same meeting of the City Council.
APPROVED AND ADOPTED this 8th day of January, 2013.
c.
Name: William J. Davis
Title: Mayor
Pl i 1 r�
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, DANA REED, Interim City Clerk of the City of Vernon,
do hereby certify that the foregoing ordinance, being Ordinance
No. 1201, was duly and regularly introduced at a special meeting
of the City Council of the City of Vernon, held in the City of
Vernon on Tuesday, January 8, 2013, and thereafter adopted by the
following vote:
AYES: Councilmembers; Mayor Davis, Mayor Pro-
Tem McCormick, Maisano,
Martinez, Ybarra
NOES: Councilmembers: None
ABSENT: Councilmembers: None
And thereafter was duly signed by the Mayor or Mayor
Pro-Tem of the City of Vernon.
Executed this _ day of January,_ 2013, at Vernon,
California.
61
DAfia Reed
Interim City Clerk
(SEAL)
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6 CiTY.lk0MiN1 INT10
STAFF REPORT
CITY CLERK'S DEPARTMENT
DATE;; January 2; 2,013
TO; Honorable IV ayor and City Council
FROM; Dana Reed, Interim City Clerk
i
RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY VERNON
CALIFORNIA AMENDING ARTICLE XV OF CEIAP,TER 2 OF THE CODE
OF TIIE CITY OF VERNON, RELATING TO THE CONDUCT OF
ELECTIONS AND RATII<' YiING RESOLUTION NO, 2012-*
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Recotiiinetidi tion
It is recomnicndcd tliat it tlic January 3'l' special City Council meeting, tt�e.'Cotutcil introduce and
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adopt attached Ordinance No. 1201 Amending ArticleV at Chapter 2 of the Cade of the City, of
Vernon,; Relating to the Conduct o f)�lectiQns and i atityint Resolution No. 2012-208.
ackaround
The conduct of the City's elections is governed by the City Charter. The Charter (i) requires that
tite City hold its general municipal elections on the second Tuesday of April in each year, (ii) authorizes
the City Couneil to. adopt election procedurc4s by ordinance, and (ii) provides tlist tlic general election
laws of the state: will goveni tho City's' elections except to the extetit such laws are superseded by a local.
ordinance. -
The City's current practice is to hold`its elections by mail ballot. State law provides procedures
for holding elections by fail ballot, and cstabtishes certain official mail ballot election dates. The second
Tuesdtty of April is not oil c of the official mill ballot election dates.
The City Code currently provides that the City Council nlay call special elections on dates that
are not established election dates under state law. The altacicd ordinance would'clarifythat any election
of the City'lay be held by snail ballot, even if such election is not held on an established tliaii ballot
election elate. The ordinance would also clarify that, if a deadline for submission of a filing related to Ali
election would otherwise occur on a day when the City Clerk's Office is closed, that deadline will be
extended to the'tic business tidy.
The -ordinance ratifies the City Council's call of the City's;April 9, 2013 elcction, and clarifies
that the election will be subject to the provisions of the ordinance.
# Because the ordinance relates to the conduct of an election; it requires one reading,and ma _
l Y.,. Y
be introduced and adopted at the same City Council mecting.
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: January 10, 2013
TO: Dana Reed, Interim City Clerk
Mark Whitworth, City Administrator
FROM: Deborah Juarez, Records Management Assistant
RE: Ordinance No. 1201 — An Ordinance of the City Council of the City of Vernon,
California, Amending Article XV of Chapter 2 of the Code of the City of Vernon,
Relating to the Conduct of Elections and Ratifying Resolution No. 2012-208
Transmitted herewith is a copy of Ordinance No. 1201 referenced above, which was approved by City
Council on January 8, 2013.
Thank you.
Attachment
c: Ana Barcia
Eva Muro
Ordinance No. 1201
Resolution No. 2012-208