Resolution No. 2018-012RESOLUTION NO. 2018-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON, CALIFORNIA, RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD ON APRIL 10, 2018,
DECLARING THE RESULTS AND SUCH OTHER MATTERS AS
PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted
in the City of Vernon, California, on Tuesday, April 10, 2018, 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
sec.., 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 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 a part
hereto 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: The City Council of the City of Vernon finds
that this action is exempt from California Environmental Quality Act
(CEQA) review, because it is an organizational or administrative
activity of government that will not result in direct or indirect
physical changes in the environment, and therefore does not constitute
a "project" as defined by CEQA Guidelines section 15378. Moreover,
even if the activity in question were a project, it would be exempt
from CEQA review, in accordance with Section 15061(b)(3), the general
rule that CEQA only applies to projects that may have a significant
effect on the environment.
SECTION 3: 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 4: The whole number of vote -by -mail voter ballots
legally cast in the City for the General Municipal Election held on
April 10, 2018, was fifty (50), with three (3) provisional ballots
cast.
SECTION 5: The names of the persons voted for at the
General Municipal Election for the office of member of the City
Council, in order as they appeared on the official ballot, are as
follows:
William J. Davis
Marlene Elsa Ybarra
SECTION 6: The following are declared to be the results of
said General Municipal Election for the office of member of the City
Council:
William J. Davis 30 votes
Marlene Elsa Ybarra 23 votes
- 2 -
Section 7: The City Council of the City of Vernon hereby
declares that William J. Davis, was elected as member of the City
Council for the full term of five (5) years.
SECTION 8: The City Clerk shall immediately make and
deliver to the person so elected a Certificate of Election signed by
the City Clerk and authenticated.
SECTION 9: The 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 City Clerk. The person so elected shall then
be inducted into the respective office to which he has been elected.
SECTION 10: The measure voted upon (Measure R) at the April
10, 2018, General Municipal Election was as follows:
MEASURE R:
Shall an ordinance be adopted to authorize the
levy of a 6% utility users' tax on
31
YES
electricity, gas, telecommunications, video
and water utility services for
commercial/industrial customers, with
exemptions for residential services, raising a
NO
16
total annual amount of $11.9 million for a
duration of 10 years after the effective date?
SECTION 11: The number of votes given in the one voting
precinct in the City for and against the measure are as listed in
Exhibit A attached hereto.
SECTION 12: The City Council does declare and determine
that, as a result of the General Municipal Election, a simple majority
- 3 -
of the voters voting on Measure R did vote in favor of the measure,
and the measure was carried, and shall be deemed approved and adopted.
SECTION 13
The 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 number of ballots cast in the City;
(2) The names of the person voted for;
(3) For what office the person was voted for;
(4) The number of votes given to the person;
(5) The measures voted upon; and
(6) The total number of votes given in the City for and
against the measures.
SECTION 14:
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 17th day of April, 2018
Name: ette Woodruff -Perez
ATTEST:
Maria�E. Ayala,6tity Clerk
APPROV D AS TO FORM:
zaynah oussa,
Senior Deputy City Attorney
- 4 -
Title: Mayor / Mayer P�e��
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 2018-12,
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 17, 2018, and thereafter was duly signed by the Mayor or
Mayor Pro-Tem of the City of Vernon.
Executed this ZJ day of April, 2018, at Vernon, California.
(SEAL)
- 5 -
Mara E. ya City Clerk
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STAFF REPORT
UPDATED City Council Agenda Item Report
Agenda Item No. COV-36-2018
Submitted by: Matthew Ceballos
Submitting Department: City Clerk
Meeting Date: April 17, 2018
SUBJECT
A Resolution of the City Council of the City of Vernon, California, Reciting the Fact of the General Municipal
Election held on April 10, 2018, Declaring the Result and Such Other Matters as Provided by Law
Recommendation:
*****NOTE*****
This staff report was updated based on the results from the Final Canvassing of the Votes that took place on
Monday, April 16, 2018 at 3 p.m. in Council Chamber.
A. Find that the proposed actions are exempt from California Environmental Quality Act ("CEQA") review,
because each is an administrative activity of government that will not result in direct or indirect physical
changes in the environment, and therefore do not constitute a "project" as defined by CEQA Guidelines section
15378. Moreover, even if the activity in question were a project, it would be exempt from CEQA review, in
accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an
effect on the environment; and
B. Accept the Certificate of Canvass; and
C. Adopt a Resolution declaring the results of the General Municipal Election held April 10, 2018, declaring
that William J. Davis is elected to the Office of Member of the City Council; and
D. Declaring that Measure R is approved; and
E. Authorize the City Clerk to deliver the Certificate of Election and administer the Oath of Office to William
J. Davis.
Background:
On April 10, 2018, a General Municipal Election was held for the purpose of electing one (1) 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
Measure:
Measure R: Shall an ordinance be adopted to authorize the levy of a 6% utility users' tax on electricity, gas,
telecommunications, video and water utility services for commercial/industrial customers, with exemptions for
residential services, raising a total annual amount of $11.9 million for a duration of 10 years after the effective
date?
As of the closing of the nomination period on January 16, 2018, at 5:30 p.m., William J. Davis and Marlene
Elsa Ybarra were the only official candidates.
BALLOTS ISSUED:
On March 15, 2018, eighty-five (85) vote -by -mail ballots were mailed. Subsequently two (2) ballots were
issued to two (2) additional registered voters based on the 15-Day "Close of Registration" deadline. Of these
two voters identified/added prior to the close of registration, one (1) ballot was issued as a provisional ballot to
the voter; and, one (1) ballot was issued as vote -by -mail. Additionally, two (2) provisional ballots were issued
on April 10, 2018 to vote -by -mail voters who came to City Hall to cast their vote, and claimed to have not
received their original vote -by -mail ballots in the mail. This brings the total ballots issued by the City to eighty-
nine (89).
BALLOTS RECEIVED:
As of 8 p.m. on April 10, 2018 forty-eight (48) ballots were received. Of the forty-eight (48) ballots received:
forty-two (42) were processed for signature verification by the County; thereby leaving a total of six (6) ballots
pending signature verification processing. In accordance with California Elections Code Sections 3020 and
4103, the following ballots were received via U.S. Mail:
*April 11, 2018 - four (4) ballots
*April 12, 2018 - one (1) ballots
**Note: Pursuant to the California Elections Code Section 3020(b), vote -by -mail ballots postmarked on or
before the election date and received no later than three days after the election shall be timely cast. The City
may also allow ballots received on Friday, April 13, 2018 in accordance with California Elections Code
Sections 3020 and 4103. However, due to the time of publication of the agenda packet, and that City Hall is
closed on Fridays staff did not have the information in time for publication. The number of ballots received on
Friday, April 13, 2018, if any, will be provided as an update to this staff report no later than Monday, April 16,
2018, by the close of business.
BALLOTS CANVASSED:
On April 10, 2018 after the close of the Election at 8 p.m. forty-two (42) ballots were canvassed. The Semi -
Final results are as follows:
COUNCILMEMBER SEAT
William J. Davis: 24
Marlene Elsa Ybarra: 18
Undervote: 0
Overvote: 0
MEASURE R
Yes: 26
No: 13
Undervote: 3
Overvote: 0
On April 16, 2018 at 3 p.m. eleven (11) ballots were canvassed. The Final results are as follows:
COUNCILMEMBER SEAT
William J. Davis: 6
Marlene Elsa Ybarra: 5
Undervote: 0
Overvote: 0
MEASURE R
Yes: 5
No: 3
Undervote: 3
Overvote: 0
"Note: An "undervote" is when the voter has declined to select a voting position.
The final official election results will be announced at the City Council meeting on Tuesday, April 17, 2018.
Fiscal Impact:
None.
ATTACHMENTS
• April 10, 2018 Election Results -Resolution
• Exhibit A - City Clerk's Certification
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON, CALIFORNIA, RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD ON APRIL 10, 2018,
DECLARING THE RESULTS AND SUCH OTHER MATTERS AS
PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted
in the City of Vernon, California, on Tuesday, April 10, 2018, 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
sec., 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 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 a part
hereto 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: The City Council of the City of Vernon finds
that this action is exempt from California Environmental Quality Act
(CEQA) review, because it is an organizational or administrative
activity of government that will not result in direct or indirect
physical changes in the environment, and therefore does not constitute
a "project" as defined by CEQA Guidelines section 15378. Moreover,
even if the activity in question were a project, it would be exempt
from CEQA review, in accordance with Section 15061(b)(3), the general
rule that CEQA only applies to projects that may have a significant
effect on the environment.
SECTION 3: 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 4: The whole number of vote -by -mail voter ballots
legally cast in the City for the General Municipal Election held on
April 10, 2018, was fifty (50), with three (3) provisional ballots
cast.
SECTION 5: The names of the persons voted for at the
General Municipal Election for the office of member of the City
Council, in order as they appeared on the official ballot, are as
follows:
William J. Davis
Marlene Elsa Ybarra
SECTION 6: The following are declared to be the results of
said General Municipal Election for the office of member of the City
Council:
William J. Davis 30 votes
Marlene Elsa Ybarra 23 votes
- 2 -
Section 7: The City Council of the City of Vernon hereby
declares that William J. Davis, was elected as member of the City
Council for the full term of five (5) years.
SECTION 8: The City Clerk shall immediately make and
deliver to the person so elected a Certificate of Election signed by
the City Clerk and authenticated.
SECTION 9: The 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 City Clerk. The person so elected shall then
be inducted into the respective office to which he has been elected.
SECTION 10: The measure voted upon (Measure R) at the April
10, 2018, General Municipal Election was as follows:
MEASURE R:
Shall an ordinance be adopted to authorize the
levy of a 6% utility users' tax on
31
YES
electricity, gas, telecommunications, video
and water utility services for
commercial/industrial customers, with
exemptions for residential services, raising a
NO
16
total annual amount of $11.9 million for a
duration of 10 years after the effective date?
SECTION 11: The number of votes given in the one voting
precinct in the City for and against the measure are as listed in
Exhibit A attached hereto.
- 3 -
SECTION 12: 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 R did vote in favor of the measure,
and the measure was carried, and shall be deemed approved and adopted.
SECTION 13: The 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
number of ballots cast in the City;
(2)
The
names of the person voted for;
(3)
For
what office the person was voted for;
(4)
The
number of votes given to the person;
(5)
The
measures voted upon; and
(6)
The
total number of votes given in the City for and
against
the measures.
- 4 -
SECTION 14: 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 17th day of April, 2018.
ATTEST:
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
Zaynah Moussa,
Senior Deputy City Attorney
- 5 -
Name:
Title: Mayor / Mayor Pro-Tem
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. ,
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,
and thereafter was duly signed by the Mayor or
Mayor Pro-Tem of the City of Vernon.
Executed this day of April, 2018, at Vernon, California.
(SEAL)
- 6 -
Maria E. Ayala, City Clerk
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