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Resolution No. 2015-002RESOLUTION NO. 2015-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ORDERING THAT MEASURES TO AMEND THE CITY CHARTER AMENDING CHAPTERS 3.3 AND 3.7 OF ARTICLE III AND CHAPTER 7.4 OF ARTICLE VII BE SUBMITTED TO THE VOTERS OF THE CITY AT THE APRIL 14, 2015, GENERAL MUNICIPAL ELECTION WHEREAS, on November 18, 2014, the City Council of the City of Vernon adopted Resolution No. 2014-69 calling and giving notice of an all -mail ballot general municipal election to be held on Tuesday, April 14, 2015, for the election of a certain officer as required by the provisions of the charter of the City of Vernon; and WHEREAS, the City Council desires to propose to the voters of the City an amendment to Chapters 3.3 and 3.7 of Article III and Chapter 7.4 of Article VII. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: BALLOT MEASURES. (a) The City Council does hereby order submitted to the voters at the April 14, 2015, municipal election the following measure: Measure N: Shall Chapter 3.3 of Article YES III of the Vernon City Charter be amended to include a cap of one (1) NO current/active City employee to hold office as a member of the City of Vernon City Council? (b) The text of the proposed amendment to be submitted to the voters is attached hereto as Exhibit A and incorporated herein by reference. - 2 - (c) The City Council does hereby order submitted to the voters at the April 14, 2015, municipal election the following measure: Measure O: Shall Chapter 3.7 of Article YES III of the Vernon City Charter be amended to clarify that the candidate(s) with the next subsequent highest number of votes in an election with multiple seats, NO shall be elected to fill the unexpired term or terms after all full terms of office are filled by candidate(s) who have received a higher number of votes? (d) The text of the proposed amendment to be submitted to the voters is attached hereto as Exhibit S and incorporated herein by reference. - 3 - - 3 - (e) The City Council does hereby order submitted to the voters at the April 14, 2015, municipal election the following measure: Measure P: Shall Chapter 7.4 of Article YES VII of the Vernon City Charter be amended to allow the City Council to fix the duties, tenure and NO compensation of officers by any means it deems appropriate? (f) The text of the proposed amendment to be submitted to the voters is attached hereto as Exhibit C and incorporated herein by reference. SECTION 2: ELECTION PARTICULARS. 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 3: IMPARTIAL ANALYSIS. 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, if required, pursuant to California Elections Code Section 9280. - 4 - SECTION 4: FURNISHING OF ALL NECESSARY SUPPLIES. 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 to properly and lawfully conduct the election. SECTION 5: CERTIFICATION OF PASSAGE. The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the 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 6th day of January, 2015. ATTEST: Ana Baraia City-Ci®T / Deputy City Clerk APPROVED AS TO ORM: HeM0 khtdl, City Attorney - 5 - Name: W. Michael McCormick Title: Mayor /-der—P ��, STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, Ana Barcia y e Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2015-02, 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, January 6, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this - day of January, 2015, at Vernon, California. (SEAL) - 6 - Ana Barci.a c"� / Deputy City Clerk 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 Council member 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. Only one current/active City employee shall simultaneously hold office." 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 , W. Michael McCormick, Mayor ATTEST: Ana Barcia, Deputy City Clerk A-1 EXHIBIT B EXHIBIT B 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 will be added to read as follows: "CH: 3.7 Vacancy. 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 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 Est eeeenQ subsequent highest number of votes shall be elected for the unexpired term or terms." 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 W. Michael McCormick, Mayor ATTEST: Ana Barcia, Deputy City Clerk B-1 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 7.4 of Article VII of the Charter of the City of Vernon is amended in its entirety to read as follows: "CH: 7.4 Other Officers. The City Council shall provide for such other officers as it deems appropriate, and shall fix the duties, tenure and compensation of such officers by vxc ..airrtraixce ." 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 , W. Michael McCormick, Mayor ATTEST: Ana Barcia, Deputy City Clerk C-1 TRANSMITTAL COMMUNICATION CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: January 7, 2015 TO: Hema Patel, City Attorney or FROM: Deborah Juarez, Records Management Assistant RE: Resolution No. 2015-02 — A Resolution of the City Council of the City of Vernon Ordering that Measures to Amend the City Charter Amending Chapters 3.3 and 3.7 of Article III and Chapter 7.4 of Article VII be Submitted to the Voters of the City at the April 14, 2015, General Municipal Election Transmitted herewith is a copy of Resolution No. 2015-02 referenced above, which was approved by City Council on January 6, 2015. Thank you. Attachment c: Ana Barcia Mark Whitworth Resolution No. 2015-02 �J OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 January 7, 2015 Dean C. Logan Registrar-Recorder/County Clerk Los Angeles County Election Coordination Section, 2' Floor, Rm. 2003 12400 E. Imperial Highway Norwalk, CA 90650 Re: RESOLUTION NO.2015-02 —A Resolution of the City Council of the City of Vernon Ordering that Measures to Amend the City Charter Amending Chapters 3.3 and 3.7 of Article III and Chapter 7.4 of Article VII be Submitted to the Voters of the City at the April 14, 2015, General Municipal Election Dear Mr. Logan: Transmitted herewith for informational purposes is a copy of Resolution No. 2015-02 that was approved by City Council on January 6, 2015. If you have any questions regarding this matter, please contact Ana Barcia at (323) 583-8811 ext. 286. Very truly yours, Deborah R. Juarez Records Management Assistant Enclosure c: Ana Barcia Resolution No. 2015-02 EXcfusivefy Industrial STAFF REPORT RECEIVED DEC .30 2014 RECEIVED CITY CLERK'S OFFICE DEC 2 3 2014 STAFF REPORT CITY ADMINISTRATION City Clerk Department MW /L+� DATE: January 6, 2015 TO: Honorable Mayor and City Council FROM: Ana Barcia, Deputy City Clerk Q9 RE: Approval of a resolution providing Ballot Measures to be submitted to the voters of the City as part of the General Municipal Election to be held on April 14, 2015. Recommendation It is recommended that the City Council: 1. Find that approval of the Resolutions is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment, as the proposed is administrative in nature; and 2. Approve the attached resolution providing ballot measures to the voters of the City as part of the general municipal election to be held on April 14, 2015. Backeround On November 18, 2014, the City Council approved Resolution No. 2014-69 calling and giving notice of the all -mail ballot general municipal election to be held on Tuesday, April 14, 2015, for the election of one member of the City Council for the full term of five years. In addition to the election of one official, as part of the election, the following ballot measures are being proposed to the voters; if approved by the electorate, the proposed measure(s) will amend the Vernon City Charter: Measure N: Shall Chapter 3.3 of Article III of the Vernon City Charter be amended to Yes/No include a cap of one (1) current/active City employee to hold office as a member of the City of Vernon City Council? L61 Shall Chapter 3.7 of Article III of the Vernon City Charter be amended to Yes/No clarify that the candidate(s) with the next subsequent highest number of votes in an election with multiple seats, shall be elected to fill the unexpired term or terms after all full terms of office are filled by candidate(s) who have received a higher number of votes? Measure P: Shall Chapter 7.4 of Article VII of the Vernon City Charter be amended to Yes/No allow the City Council to fix the duties, tenure and compensation of officers by any means it deems appropriate? Analysis: Measure N: Places a cap for current/active City employee to hold office as a member of the City of Vernon City Council. The proposed will amend Chapter 3.3 of the Vernon City Charter and limit the number of employees which can simultaneously hold office as a member of the City Council and be employed by the City of Vernon. This will minimize the potential for a conflict of interest and allows for a quorum of the City Council, should an item restrict such an individual from participating in any deliberation or action on a proposed item. Measure O: This shall clarify that the candidate(s) with the next subsequent highest number of votes in an election with multiple seats, shall be elected to fill the unexpired term or terms after all the full terms have been filled by candidates who have received a higher number of votes. The proposed will amend Chapter 3.7 of the Vernon City Charter. This is an administrative clean-up item; the current Charter language implies that the candidate with the lowest number of votes is elected to the unexpired term which is not the intent of the provision. This was brought to the attention of the City Council by Independent reform Monitor John Van de Kamp. The proposed will address Mr. Van de Kamp's concerns, clarify the provision and avoid misinterpretation. Measure P: This shall allow the City Council to fix the duties, tenure and compensation of officers by any means it deems appropriate. The proposed will amend Chapter 7.4 of the Vernon City Charter. This is an administrative revision, as Council is currently limited to fix duties, tenure, and compensation by ordinance only. Ordinances are not always the most efficient or appropriate vehicle; the proposed measure will provide Council the flexibility, for example, to fix the duties, tenure and compensation of officers, via ordinance, resolution or minute order. Fiscal Impact: Sufficient funds have been budgeted; additional election cost are estimated to be approximately $2,000 to $3,000 as the proposed measures will increase translation and printing costs bared by the City. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ORDERING THAT MEASURES TO AMEND THE CITY CHARTER AMENDING CHAPTERS 3.3 AND 3.7 OF ARTICLE III AND CHAPTER 7.4 OF ARTICLE VII BE SUBMITTED TO THE VOTERS OF THE CITY AT THE APRIL 14, 2015, GENERAL MUNICIPAL ELECTION WHEREAS, on November 18, 2014, the City Council of the City of Vernon adopted Resolution No. 2014-69 calling and giving notice of an all -mail ballot general municipal election to be held on Tuesday, April 14, 2015, for the election of a certain officer as required by the provisions of the charter of the City of Vernon; and WHEREAS, the City Council desires to propose to the voters of the City an amendment to Chapters 3.3 and 3.7 of Article III and Chapter 7.4 of Article VII. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: SALLOT MEASURES. (a) The City Council does hereby order submitted to the voters at the April 14, 2015, municipal election the following measure: Measure N: Shall Chapter 3.3 of Article YES III of the Vernon City Charter be amended to include a cap of one (1) NO current/active City employee to hold office as a member of the City of Vernon City Council? (b) The text of the proposed amendment to be submitted to the voters is attached hereto as Exhibit A and incorporated herein by reference. - 2 - (c) The City Council does hereby order submitted to the voters at the April 14, 2015, municipal election the following measure: Measure O: Shall Chapter 3.7 of Article YES III of the Vernon City Charter be amended to clarify that the candidate(s) with the next subsequent highest number of votes in an election with multiple seats, NO shall be elected to fill the unexpired term or terms after all full terms of office are filled by candidate(s) who have received a higher number of votes? (d) The text of the proposed amendment to be submitted to the voters is attached hereto as Exhibit B and incorporated herein by reference - 3 - (e) The City Council does hereby order submitted to the voters at the April 14, 2015, municipal election the following measure: Measure P: Shall Chapter 7.4 of Article YES VII of the Vernon City Charter be amended to allow the City Council to fix the duties, tenure and NO compensation of officers by any means it deems appropriate? (f) The text of the proposed amendment to be submitted to the voters is attached hereto as Exhibit C and incorporated herein by reference. SECTION 2: ELECTION PARTICULARS. 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 3: IMPARTIAL ANALYSIS. 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, if required, pursuant to California Elections Code Section 9280. - 4 - SECTION 4: FURNISHING OF ALL NECESSARY SUPPLIES. 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 to properly and lawfully conduct the election. SECTION 5: CERTIFICATION OF PASSAGE. The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the 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 6th day of January, 2015. ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO ORM: A A LAW - Hem t , City Attorney - 5 - Name: Title: Mayor / Mayor Pro-Tem STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, , City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. I 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, January 6, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of January, 2015, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) 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 Council member 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. Only one current/active City employee shall simultaneously hold office." 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 , W. Michael McCormick, Mayor ATTEST: Ana Barcia, Deputy City Clerk A-1 EXHIBIT B EXHIBIT B 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 will be added to read as follows: "CH: 3.7 Vacancy. 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 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 seeead subsequent highest number of votes shall be elected for the unexpired term or terms." 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 , W. Michael McCormick, Mayor ATTEST: Ana Barcia, Deputy City Clerk B-1 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 7.4 of Article VII of the Charter of the City of Vernon is amended in its entirety to read as follows: "CH: 7.4 Other Officers. The City Council shall provide for such other officers as it deems appropriate, and shall fix the duties, tenure and compensation of such officers by 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 , W. Michael McCormick, Mayor ATTEST: Ana Barcia, Deputy City Clerk C-1