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Resolution No. 2013-043RESOLUTION NO. 2013-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON APRIL 9, 2013, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election washeld and conducted in the City of Vernon, California, on Tuesday, April 9, 2013, 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 Interim 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 part hereof 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: 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 3: The whole number of vote -by -mail voter ballots legally cast in the City for the General Municipal Election held on April 9, 2013, was 41, with no provisional ballots cast. SECTION 4: The following be declared to be the results of said General Municipal Election for the office of member of the City Council: William J. Davis 34 votes Write-in 1 vote Section 5: The City Council of the City of Vernon hereby declares that William J. Davis, being the only official candidate, was elected as member of the City Council for the full term of five (5) years. SECTION 6: The Interim City Clerk shall immediately make and deliver to the person so elected a Certificate of Election signed by the Interim City Clerk and authenticated. SECTION 7: The Interim 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 Interim City Clerk. The person so elected shall then be inducted into the respective office to which she has been elected. SECTION 8: The measures voted upon at the April 9, 2013, General Municipal Election were as follows: - 2 - MEASURE K: Shall an ordinance be adopted to increase the YES ratesof the City's existing business license taxes and to modify the method for calculating NO such taxes? MEASURE L: Shall an ordinance be adopted to authorize, for a period of ten years, the levy of. an YES annual special parcel tax on non-residential parcels at the rate of $0.03 per square foot (adjusted annually for inflation) to fund (i) City fire protection services and projects, (ii) City health services and NO projects, and (iii) City police services and projects? - 3 - MEASURE M: Shall an ordinance be adopted to authorize, for a period of 'ten years, the levy of a 1% YES utility users' tax on electricity, gas, telecommunications, video and water utility services, with exemptions for residential services provided to persons with disabilities NO and low income households? SECTION 9: The number of votes given in the one voting precinct in the City for and against the measures are as listed in Exhibit A attached hereto. SECTION 10: 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 K and Measure M, and two thirds of the voters voting on Measure L did vote in favor of all measures, and the measures were carried, and shall be deemed approved and adopted. SECTION 11: The Interim City Clerk, or Deputy 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 whole number of votes cast in the City; (2) The measures voted upon; (3) The total number of votes given in the City for and against the measures. - 4 - SECTION 12: The Interim City Clerk, or Deputy City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the Interim City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the Interim City Clerk's, or Deputy City Clerk's, certification to be entered .in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 16th day of April, 2013. T: '\) Dana Reed Interim City Clerk / Qaaputy City C-Pr3U APPROVED AS TO FORM: 11 G1 I1 V Nicholas George Rodriguez, City Attorney Michael Mrrormick Mayor- - 5 - STATE OF CALIFORNIA COUNTY OF LOS ANGELES I, Dana Reed ss Interim City Clerk / u y 1 of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2013-43, 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, April 16, 2013, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this -& day of April, 2013, at Vernon, California. (SEAL) Cana Reed Interim City Clerk / n r ', " " , - - 6 - EXHIBIT A M O N W J_ a a CN W_ Q Z Z a OV VLL WO JZ W Q O Ci LL V J L W LU V' U I Z Z V _ w LL O Y L Y _ T� V c0 N .` M O N O Oa) 0 N a Y a ca (n O N N D L m= a� to N N J — O w m— o ao C 'U c0 U2� f0 ^c ^_, U W W i N (, N _ O r- O0 U 0 0 N C` Y Y E o � c � CD N aLL w N U cc E c a)U C � a l0 O L R' N cc 0�E N U >1 2 N L 0 W Z n L 3 � cl M J Z c0 to 7 0 c`°n Y N Z to 3 N � � g m n M t w � N E 7 N cc � LO M ci E c cM w 0 C d > w W V U a' Cl) 7 O f0 N O 01 I- C. a Y N U O U N E Y C •� N Q w 2 cc co C ca CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: April 22, 2013 TO: Kristen Enomoto, Council Department Manager Mark Whitworth, City Administrator FROM: Deborah Juarez, Records Management Assistant RE: Resolution No. 2013-43 - A Resolution of the City Council of the City of Vernon, California, Reciting the Fact of the General Municipal Election Held on April 9, 2013, Declaring the Results and Such Other Matters as Provided by Law Transmitted herewith is a copy of Resolution No. 2013-43 referenced above, which was approved by City Council on April 16, 2013. Thank you. Attachment c: Ana Barcia Dana Reed Resolution No. 2013-43 RECEIVEC APR 11 2013 CITY CLERK'S OFFICE STAFF REPORT City Clerk Department DATE: April 16, 2013 TO: Honorable Mayor and City Council FROM: Dana Reed, Interim City Clerk `D\9__1k09 RECEIVED APR 1 0 2013 CITY ADMINISTRATION RE: A Resolution of the City Council of the City of Vernon, California, Reciting the Fact of the General Municipal Election held on April 9, 2013, Declaring the Result and Such Other Matters as Provided by Law Recommendation It is recommended that the City Council: 1. Accept the Certificate of Canvass. 2. Adopt a Resolution declaring the results of the General Municipal Election held April 9, 2013, declaring that William J. Davis is elected to the office of member of the City Council and that Measures K, L, and M are approved; and 3. Authorize the Interim City Clerk to deliver the Certificate of Election and administer the oath of office to William J. Davis, and 4. Elect a Mayor and a Mayor Pro-Tem. Backaround On April 9, 2013, a General Municipal Election was held for the purpose of electing one 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 Measures: K: FN ES Shall an ordinance be adopted to increase the rates of the City's existing business license taxes and to modify theO method for calculating such taxes? Measure L: Shall an ordinance be adopted to authorize, for a period of YES ten years, the levy of an annual special parcel tax on non- residential parcels at the rate of $0.03 per square foot (adjusted annually for inflation) to fund (i) City fire protection services and projects, (ii) City health services and NO projects, and (iii) City police services and projects? Measure M: YES Shall an ordinance be adopted to authorize, for a period of ten years, the levy of a 1 % utility users' tax on electricity, gas, telecommunications, video and water utility services, with exemptions for residential services provided to persons NO with disabilities and low income households? As of the closing of the nomination period on January 14, 2013, at 5:30 p.m., William J. Davis was the only official candidate. As of March 26, 2013, there were no requests for a write-in candidate. On March 18, 2013, seventy-three (73) vote -by -mail ballots were mailed. Subsequently, two provisional ballots were issued, one for a new registered voter, and one as a duplicate to replace a lost ballot. Forty-two (42) ballots were received, verified for signature verification, and canvassed on April 9, 2013. The results of said canvassing are summarized in the City Clerk's Certification of Canvass, and are to be incorporated as part of the proposed Resolution. Fiscal Impact There is no negative fiscal impact. An increase to the City's. General Fund revenue will result from the approval of the tax measures. DRJab 1JI M O N 01 J_ a G fA J U� W Q = Z Za OU ~ LL U0 W JZ Wp a~ a_Q U LL ZF 2W QJ U W W W � J U I Z_ ZV w W LL O U g m z° � � M J Z c0 H04 M Y Z uO V 7 N to C E d E N c 3 G M ci E E M R r 10 0 Im C a y U) V! W �p 10 N U O Cl) > O A N G O! I— C. a a Q N m 0