Loading...
Resolution No. 2018-049RESOLUTION NO. 2018-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ORDERING THAT TWO MEASURES TO AMEND CHAPTERS 3.5 AND 3.6 OF ARTICLE III OF THE CITY CHARTER BE SUBMITTED TO THE VOTERS OF THE CITY AT THE CITY'S APRIL 9, 2019 GENERAL MUNICIPAL ELECTION WHEREAS, by its Resolution No. 2018-41, adopted on November 6, 2018, the City Council called and gave notice of a general municipal election in the City to be held on April 9, 2019, by mail ballot only; and WHEREAS, the City Council desires to submit to the voters of the City, at the City's April 9, 2019 general municipal election, two measures to amend Chapters 3.5 and 3.6 of Article III, respectively, of the City Charter (together, the "Charter Amendments"). 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 adoption of this resolution is exempt under the California Environmental Quality Act (CEQA), because it is an 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. SECTION 3: Proposal. The City Council hereby proposes the Charter Amendments as set forth in Exhibits A and B. SECTION 4: Election. Pursuant to Section 9222 of the California Elections Code (the "Elections Code"), the City Council hereby orders that the Charter Amendments be submitted to the voters of the City at the City's April 9, 2019 general municipal election. SECTION 5: Ballot Questions. The measures submitted by Section 4 of this Resolution (together, the "Measures") shall appear on the ballot as follows: MEASURE S: Shall Chapter 3.5 of Article III of the Vernon City Charter be amended to change the process YES for selecting the Mayor from one by which the other Councilmembers vote to one by which Councilmembers are appointed according to an automatic rotation schedule based on year of NO election? MEASURE T: Shall Chapter 3.6 of Article III of the Vernon City Charter be amended to change the process YES for selecting the Mayor Pro Tempore from one by which the other Councilmembers vote to one by which Councilmembers are appointed according to an automatic rotation schedule NO based on year of election? The text of each of the Charter Amendments to be submitted to the voters are attached hereto as Exhibits A and B, respectively, and are incorporated herein by reference. SECTION 6: Approval. Pursuant to Section 3(a) of Article XI of the California Constitution, the Measures require approval by a majority vote of those casting ballots on the Measures. - 2 - SECTION 7: Conduct of Election; Consolidation. (a) The Measures shall be submitted to the voters of the City at the City's April 9, 2019 general municipal election and shall be consolidated with the election for a member of the City Council and any other measures to be submitted to the voters on such election date. The City Clerk, designated as the elections official (the "Elections Official"), shall conduct such election and is required, and is hereby requested, to take all steps to hold the election in accordance with the law for the holding of a general municipal election in the City. (b) The Elections Official shall render all services to the City relating to the election. The Elections Official is hereby authorized, instructed and directed to procure and furnish any and all official ballot notices and printed matter and all supplies and equipment that may be necessary to prepare and lawfully conduct the general municipal mail ballot only election, including the preparation of the ballot. The Elections Official shall take all steps necessary to place the Measures on the ballot and to cause the Measures to be printed, and shall act as the filing authority for arguments. The full text of the Measures shall not be printed in the ballot, but a statement shall be printed in the ballot pursuant to Section 9280 of the Elections Code advising voters that they may obtain a copy of the Measures upon request made to the Elections Official. (c) Pursuant to Section 4101 of the Elections Code, the Elections Official shall mail the mail ballot materials not sooner than 29 days before the election date and not later than 10 days before the election date. (d) At the next meeting of the City Council occurring after the returns of the election have been canvassed and certified by the - 3 - Elections Official, the City Council shall adopt a resolution reciting the fact of the election and a statement of the results of the election. SECTION 7: Arguments and Analysis; Public Examination. (a) The last day for submission of direct arguments for or against the Measures shall be by 5:00 p.m. on January 2, 2019. Direct arguments shall be submitted to the Elections Official, shall not exceed 300 words and shall be signed by not more than five persons. (b) The last day for submission of rebuttal arguments for or against the Measures shall be by 5:00 p.m. on January 14, 2019. Rebuttal arguments shall be submitted to the Elections Official, shall not exceed 250 words and shall be signed by not more than five persons. Those persons may be different persons than the persons who signed the direct arguments. (c) Pursuant to Section 9285 of the Elections Code, when the Elections Official has selected the arguments for and against the Measures, which shall be printed and distributed to the voters, the Elections Official shall send a copy of the argument in favor of the Measures to the authors of any argument against the Measures, and a copy of the argument against the Measures to the authors of any argument in favor of the Measures, immediately upon receiving the arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. (d) Pursuant to Section 9280 of the Elections Code, the City Attorney is hereby requested to prepare an impartial analysis of the Measures showing the effect of the Measures on the existing law and the operation of the Measures. Said analysis shall not exceed 500 words and - 4 - shall be submitted to the Elections Official by January 2, 2019. Said analysis shall be printed preceding the arguments for and against the Measures. (e) Pursuant to Section 9295 of the Elections Code, the Elections Official shall make a copy of the arguments and analysis referred to in this Section available for public examination in the Election Official's office for a period of ten (10) calendar days immediately following the filing deadline for the submission of such arguments and analysis. The Elections Official may charge a fee to any person obtaining a copy of such materials, but such fee may not exceed the actual cost incurred by the Elections Official in providing the copy. SECTION 8: Notice of Election. The Elections Official is hereby requested to publish or post notice of the election, including notice to file arguments and of the public examination period, as required by law. - 5 - SECTION 9: 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 18th day of December, 2018. Name: Yvette Woodruff -Perez ATTEST:: Mari E. Ayala, ty Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy C'ty Attorney - 6 - Title: Mayor / - I 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. 2018-49 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, December 18, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon: AYES: Councilmembers: Mayor Woodruff -Perez, Mayor Pro-Tem Davis, Ybarra NOES: Councilmembers: None ABSENT: Councilmembers: Lopez, Martinez And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of December, 2018, at Vernon, California. (SEAL) - 7 - Marij E. Ayala, City Clerk . � � _ �_ �' - � _ �- \J.` _ � � q �.� -. �:- 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 3.5 of Article III of the Charter of the City of Vernon is amended in its entirety to read as follows: At the Council meeting at which any Council member is installed following a regular municipal election, and at any time when there is a vacancy in the office of Mayor, the position of Mayor shall be filled by the Councilmember whose election immediately followed the election of the prior Mayor. For the first year after passage of the Charter Amendment establishing this automatic rotation appointment process, the position of Mayor shall be filled by the Councilmember who has served on the City Council for the longest period of time within their respective current terms. In the event any Councilmember scheduled to be Mayor is unable or desires not to be Mayor, the position of Mayor shall be filled by the Councilmember who was elected to the City Council in the year immediately following that person. The Mayor shall be the presiding officer of the City Council. The Mayor shall be a member of the City Council for all purposes and shall have all the rights, powers and duties of a member of the City Council in addition to those powers and duties conferred upon the Mayor by virtue of his or her office. The Mayor shall be the official head of the City for all ceremonial purposes. The Mayor shall perform such other duties consistent with the office of mayor as may be prescribed by this Charter or as may be provided by the City Council. The Mayor shall serve in his or her capacity at the pleasure of the City Council and may be removed by a majority vote of the members of the City Council. 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 VOTERS THIS DAY OF Yvette Woodruff -Perez, Mayor ATTEST: Maria E. Ayala, City Clerk EXHIBIT B 1WN00:16M:1 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 3.6 of Article III of the Charter of the City of Vernon is amended in its entirety to read as follows: At the time that a mayor is appointed, the position of Mayor Pro Tempore shall be filled by the Councilmember whose election immediately followed that of the newly appointed Mayor. For the first year after passage of the Charter Amendment establishing this automatic rotation appointment process, the position of Mayor Pro Tempore shall be filled by the Councilmember who has served on the City Council for the next -to -longest period of time within their respective current terms. In the event any Councilmember scheduled to be Mayor Pro Tempore is unable or desires not to be Mayor Pro Tempore, the position of Mayor Pro Tempore shall be filled by the Councilmember who was elected to the City Council in the year immediately following that person. The Mayor Pro Tempore shall serve in such capacity at the pleasure of the City Council and may be removed by a majority vote of the members of the Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability. 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 VOTERS THIS DAY OF , Yvette Woodruff -Perez, Mayor ATTEST: Maria E. Ayala, City Clerk TRANSMITTAL COMMUNICATION CERTIFICATE STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES) I, Maria E. Ayala, 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. 2018-49 - A Resolution of the City Council of the City of Vernon Ordering that Two Measures to Amend Chapters 3.5 and 3.6 of Article III of the City Charter be Submitted to the Voters of the City at the City's April 9, 2019, General Municipal Election 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 day of December 2018. SEAL: Mari E. Ayala City Clerk .ill of Ver-- 1Z, °-T- P�� - V VRO to °`Prts Mo OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 December 18, 2018 Dean C. Logan Registrar-Recorder/County Clerk Los Angeles County Election Coordination Unit, 2"d Floor, Rm. 2003 12400 E. Imperial Highway Norwalk, CA 90650 ecu@rrcc.lacounty.gov Re: Resolution No. 2018-49 - A Resolution of the City Council of the City of Vernon Ordering that Two Measures to Amend Chapters 3.5 and 3.6 of Article III of the City Charter be Submitted to the Voters of the City at the City's April 9, 2019, General Municipal Election Dear Mr. Logan: Transmitted herewith is a certified copy of Resolution No. 2018-49 that was approved by City Council on December 18, 2018. If you have any questions regarding this matter, please contact Maria Ayala at (323) 583-8811 ext. 546. Very truly yours, Deb�irah R. Juarez Records Management Assistant Enclosure City Clerk Resolution No. 2018-49 EXcfusivefy Industrial f of tt OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 December 18, 2018 Lori Glasgow, Executive Officer Board of Supervisors, County of Los Angeles Kenneth Hahn Hall of Administration 500 West Temple Street, Room 383 Los Angeles, CA 90012 Re: Resolution No. 2018-49 — A Resolution of the City Council of the City of Vernon Ordering that Two Measures to Amend Chapters 3.5 and 3.6 of Article III of the City Charter be Submitted to the Voters of the City at the City's April 9, 2019, General Municipal Election Dear Ms. Glasgow: Transmitted herewith is a certified copy of Resolution No. 2018-49 that was approved by City Council on December 18, 2018. If you have any questions regarding this matter, please contact Maria Ayala at (323) 583-8811 ext. 546. Very truly yours, eeb(o—rah R. Juare Records Management Assistant Enclosure c: City Clerk Resolution No. 2018-49 EXclusivefy Industrial STAFF REPORT City Council Agenda Item Report Agenda Item No. COV-429-2018 Submitted by: Lilia Hernandez Submitting Department: City Administration Meeting Date: December 18, 2018 SUBJECT A Resolution Submitting Two Measures to the Voters of the City of Vernon at the April 9, 2019 General Municipal Election to Amend Chapters 3.5 and 3.6 of Article III of the City Charter Recommendation: A. Find that adoption of the proposed resolution is exempt from California Environmental Quality Act ("CEQA') review because it is an administrative action 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; and B. Adopt a Resolution Submitting to the Voters of the City of Vernon at the City's April 9, 2019 General Municipal Election Two Measures, Measure S and Measure T respectively, to Amend Chapters 3.5 and 3.6 of Article III of the City Charter; and C. Authorize the Mayor to prepare and file a written argument in favor of Measure S, on behalf of the City Council, pursuant to California Elections Code Section 9282; and C. Authorize the Mayor to prepare and file a written argument in favor of Measure T, on behalf of the City Council, pursuant to California Elections Code Section 9282. Backgroud: Currently, the Mayor and and Mayor Pro Tempore for the City of Vernon are selected as provided for in Chapters 3.5 and 3.6 of Article III of the City Charter which reads: "At the Council meeting at which any Council member is installed following a regular municipal election, and at any time when there is a vacancy in the office of Mayor, the City Council shall meet and shall elect one of its members as Mayor." "At the time that a Mayor is selected, the City Council shall also designate one of its members as Mayor Pro Tempore." The proposed measures aim to change the current process by which a Mayor and Mayor Pro Tern are selected, eliminating the need for City Council Members to vote and elect a Mayor and Mayor Pro Tempore each year and instead establishing a set rotation by which the Mayor and Mayor Pro Tern would be determined each year. Specifically, Measure S proposes to amend Chapter 3.5 of Article III of the City Charter to change the process for selecting the Mayor from one by which the other Council Members vote on to one by which Council Members are appointed according to an automatic rotation schedule based on year of election. Similarly, Measure T proposes that Chapter 3.6 of Article III of the City Charter be amended to change the process for selecting the Mayor Pro Tempore from one elected by Council vote to one by which Council Members are appointed according to an automatic rotation schedule based on year of election. The current process of selecting a Mayor and Mayor Pro Tern by Council vote can create frictions amongst Council Members unnecessarily, and can result in questions of fairness if a particular Council Member is elected as Mayor year after year. A set rotational process as prescribed by proposed Measure S and proposed Measure T affords equal opportunities for each City Council Member to serve as the City's Mayor and Mayor Pro Tern at some point throughout their tenure on the City Council Arguments In Favor Section 9283 of the California. Elections Code provides that a ballot argument be accompanied by the printed name and signature of the author(s) submitting it, or, if submitted on behalf of an organization, the printed name and signature of at least one of its principal officers. In the interest of time, and in order to avoid any potential violations of the Brown Act, staff proposes that the City Council authorize the Mayor to author, sign, and submit the Argument In Favor of each measure on behalf of the City Council The Argument in Favor willbe submitted to the City Clerk for inclusion in the ballot pamphlet for the April 9, 2019 General Municipal Election. Primary arguments for Measures S and T must be submitted to the City Clerk no later 5:00 pm on January 2, 2019. Pursuant to Section 3(a) of Article XI of the California Constitution, the Measures require approval by a majority vote of those casting ballots on the Measures. If approved by the voters, the new procedures would be implemented following the certification of the election results in April 2019. Fiscal Impact: There is no fiscal impact associated with adopting a new method for the assignment of Mayor and Mayor Pro Tempore duties for members of the City Council ATTACHMENTS • 1. Resolution - Ballot Measures for Mayor and Mayor Pro Tern Selection RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ORDERING THAT TWO MEASURES TO AMEND CHAPTERS 3.5 AND 3.6 OF ARTICLE III OF THE CITY CHARTER BE SUBMITTED TO THE VOTERS OF THE CITY AT THE CITY'S APRIL 9, 2019 GENERAL MUNICIPAL ELECTION WHEREAS, by its Resolution No. 2018-41, adopted on November 6, 2018, the City Council called and gave notice of a general municipal election in the City to be held on April 9, 2019, by mail ballot only; and WHEREAS, the City Council desires to submit to the voters of the City, at the City's April 9, 2019 general municipal election, two measures to amend Chapters 3.5 and 3.6 of Article III, respectively, of the City Charter (together, the "Charter Amendments"). 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 adoption of this resolution is exempt under the California Environmental Quality Act (CEQA), because it is an 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. SECTION 3: Proposal. The City Council hereby proposes the Charter Amendments as set forth in Exhibits A and B. SECTION 4: Election. Pursuant to Section 9222 of the California Elections Code (the "Elections Code"), the City Council hereby orders that the Charter Amendments be submitted to the voters of the City at the City's April 9, 2019 general municipal election. SECTION 5: Ballot Questions. The measures submitted by Section 4 of this Resolution (together, the "Measures") shall appear on the ballot as follows: MEASURE S: Shall Chapter 3.5 of Article III of the Vernon City Charter be amended to change the process YES for selecting the Mayor from one by which the other Councilmembers vote to one by which Councilmembers are appointed according to an automatic rotation schedule based on year of NO election? MEASURE T : Shall Chapter 3.6 of Article III of the Vernon City Charter be amended to change the process YES for selecting the Mayor Pro Tempore from one by which the other Councilmembers vote to one by which Councilmembers are appointed according to an automatic rotation schedule NO based on year of election? The text of each of the Charter Amendments to be submitted to the voters are attached hereto as Exhibits A and B, respectively, and are incorporated herein by reference. SECTION 6: Approval. Pursuant to Section 3(a) of Article XI of the California Constitution, the Measures require approval by a majority vote of those casting ballots on the Measures. - 2 - SECTION 7: Conduct of Election; Consolidation. (a) The Measures shall be submitted to the voters of the City at the City's April 9, 2019 general municipal election and shall be consolidated with the election for a member of the City Council and any other measures to be submitted to the voters on such election date. The City Clerk, designated as the elections official (the `Elections Official"), shall conduct such election and is required, and is hereby requested, to take all steps to hold the election in accordance with the law for the holding of a general municipal election in the City. (b) The Elections Official shall render all services to the City relating to the election. The Elections Official is hereby authorized, instructed and directed to procure and furnish any and all official ballot notices and printed matter and all supplies and equipment that may be necessary to prepare and lawfully conduct the general municipal mail ballot only election, including the preparation of the ballot. The Elections Official shall take all steps necessary to place the Measures on the ballot and to cause the Measures to be printed, and shall act as the filing authority for arguments. The full text of the Measures shall not be printed in the ballot, but a statement shall be printed in the ballot pursuant to Section 9280 of the Elections Code advising voters that they may obtain a copy of the Measures upon request made to the Elections Official. (c) Pursuant to Section 4101 of the Elections Code, the Elections Official shall mail the mail ballot materials not sooner than 29 days before the election date and not later than 10 days before the election date. (d) At the next meeting of the City Council occurring after the returns of the election have been canvassed and certified by the - 3 - Elections Official, the City Council shall adopt a resolution reciting the fact of the election and a statement of the results of the election. SECTION 7: Arguments and Analysis; Public Examination. (a) The last day for submission of direct arguments for or against the Measures shall be by 5:00 p.m. on January 2, 2019. Direct arguments shall be submitted to the Elections Official, shall not exceed 300 words and shall be signed by not more than five persons. (b) The last day for submission of rebuttal arguments for or against the Measures shall be by 5:00 p.m. on January 14, 2019. Rebuttal arguments shall be submitted to the Elections Official, shall not exceed 250 words and shall be signed by not more than five persons. Those persons may be different persons than the persons who signed the direct arguments. (c) Pursuant to Section 9285 of the Elections Code, when the Elections Official has selected the arguments for and against the Measures, which shall be printed and distributed to the voters, the Elections Official shall send a copy of the argument in favor of the Measures to the authors of any argument against the Measures, and a copy of the argument against the Measures to the authors of any argument in favor of the Measures, immediately upon receiving the arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. (d) Pursuant to Section 9280 of the Elections Code, the City Attorney is hereby requested to prepare an impartial analysis of the Measures showing the effect of the Measures on the existing law and the operation of the Measures. Said analysis shall not exceed 500 words and - 4 - shall be submitted to the Elections Official by January 2, 2019. Said analysis shall be printed preceding the arguments for and against the Measures. (e) Pursuant to Section 9295 of the Elections Code, the Elections Official shall make a copy of the arguments and analysis referred to in this Section available for public examination in the Election Official's office for a period of ten (10) calendar days immediately following the filing deadline for the submission of such arguments and analysis. The Elections Official may charge a fee to any person obtaining a copy of such materials, but such fee may not exceed the actual cost incurred by the Elections Official in providing the copy. SECTION 8: Notice of Election. The Elections Official is hereby requested to publish or post notice of the election, including notice to file arguments and of the public examination period, as required by law. - 5 - SECTION 9: 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 18th day of December, 2018. ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney - 6 - 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, December 18, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of December, 2018, at Vernon, California. (SEAL) - 7 - Maria E. Ayala, City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ORDERING THAT TWO MEASURES TO AMEND CHAPTERS 3.5 AND 3.6 OF ARTICLE III OF THE CITY CHARTER BE SUBMITTED TO THE VOTERS OF THE CITY AT THE CITY'S APRIL 9, 2019 GENERAL MUNICIPAL ELECTION WHEREAS, by its Resolution No. 2018-41, adopted on November 6, 2018, the City Council called and gave notice of a general municipal election in the City to be held on April 9, 2019, by mail ballot only; and WHEREAS, the City Council desires to submit to the voters of the City, at the City's April 9, 2019 general municipal election, two measures to amend Chapters 3.5 and 3.6 of Article III, respectively, of the City Charter (together, the "Charter Amendments"). 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 adoption of this resolution is exempt under the California Environmental Quality Act (CEQA), because it is an 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. SECTION 3: Proposal. The City Council hereby proposes the Charter Amendments as set forth in Exhibits A and B. SECTION 4: Election. Pursuant to Section 9222 of the California Elections Code (the "Elections Code"), the City Council hereby orders that the Charter Amendments be submitted to the voters of the City at the City's April 9, 2019 general municipal election. SECTION 5: Ballot Questions. The measures submitted by Section 4 of this Resolution (together, the `Measures") shall appear on the ballot as follows: MEASURE S: Shall Chapter 3.5 of Article III of the Vernon City Charter be amended to change the process YES for selecting the Mayor from one by which the other Councilmembers vote to one by which Councilmembers are appointed according to an automatic rotation schedule based on year of NO election? MEASURE T: Shall Chapter 3.6 of Article III of the Vernon City Charter be amended to change the process YES for selecting the Mayor Pro Tempore from one by which the other Councilmembers vote to one by which Councilmembers are appointed according to an automatic rotation schedule NO based on year of election? The text of each of the Charter Amendments to be submitted to the voters are attached hereto as Exhibits A and B, respectively, and are incorporated herein by reference. SECTION 6: Approval. Pursuant to Section 3(a) of Article XI of the California Constitution, the Measures require approval by a majority vote of those casting ballots on the Measures. - 2 - SECTION 7: Conduct of Election; Consolidation. (a) The Measures shall be submitted to the voters of the City at the City's April 9, 2019 general municipal election and shall be consolidated with the election for a member of the City Council and any other measures to be submitted to the voters on such election date. The City Clerk, designated as the elections official (the "Elections Official"), shall conduct such election and is required, and is hereby requested, to take all steps to hold the election in accordance with the law for the holding of a general municipal election in the City. (b) The Elections Official shall render all services to the City relating to the election. The Elections Official is hereby authorized, instructed and directed to procure and furnish any and all official ballot notices and printed matter and all supplies and equipment that may be necessary to prepare and lawfully conduct the general municipal mail ballot only election, including the preparation of the ballot. The Elections Official shall take all steps necessary to place the Measures on the ballot and to cause the Measures to be printed, and shall act as the filing authority for arguments. The full text of the Measures shall not be printed in the ballot, but a statement shall be printed in the ballot pursuant to Section 9280 of the Elections Code advising voters that they may obtain a copy of the Measures upon request made to the Elections Official. (c) Pursuant to Section 4101 of the Elections Code, the Elections Official shall mail the mail ballot materials not sooner than 29 days before the election date and not later than 10 days before the election date. (d) At the next meeting of the City Council occurring after the returns of the election have been canvassed and certified by the - 3 - Elections Official, the City Council shall adopt a resolution reciting the fact of the election and a statement of the results of the election. SECTION 7: Arguments and Analysis; Public Examination. (a) The last day for submission of direct arguments for or against the Measures shall be by 5:00 p.m. on January 2, 2019. Direct arguments shall be submitted to the Elections Official, shall not exceed 300 words and shall be signed by not more than five persons. (b) The last day for submission of rebuttal arguments for or against the Measures shall be by 5:00 p.m. on January 14, 2019. Rebuttal arguments shall be submitted to the Elections Official, shall not exceed 250 words and shall be signed by not more than five persons. Those persons may be different persons than the persons who signed the direct arguments. (c) Pursuant to Section 9285 of the Elections Code, when the Elections Official has selected the arguments for and against the Measures, which shall be printed and distributed to the voters, the Elections Official shall send a copy of the argument in favor of the Measures to the authors of any argument against the Measures, and a copy of the argument against the Measures to the authors of any argument in favor of the Measures, immediately upon receiving the arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. (d) Pursuant to Section 9280 of the Elections Code, the City Attorney is hereby requested to prepare an impartial analysis of the Measures showing the effect of the Measures on the existing law and the operation of the Measures. Said analysis shall not exceed 500 words and - 4 - shall be submitted to the Elections Official by January 2, 2019. Said analysis shall be printed preceding the arguments for and against the Measures. (e) Pursuant to Section 9295 of the Elections Code, the Elections Official shall make a copy of the arguments and analysis referred to in this Section available for public examination in the Election Official's office for a period of ten (10) calendar days immediately following the filing deadline for the submission of such arguments and analysis. The Elections Official may charge a fee to any person obtaining a copy of such materials, but such fee may not exceed the actual cost incurred by the Elections Official in providing the copy. SECTION 8: Notice of Election. The Elections Official is hereby requested to publish or post notice of the election, including notice to file arguments and of the public examination period, as required by law. - 5 - SECTION 9: 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 18th day of December, 2018. ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney - 6 - 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, December 18, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of December, 2018, at Vernon, California. (SEAL) - 7 - Maria E. Ayala, 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: I.Chapter 3.5 of Article III of the Charter of the City of Vernon is amended in its entirety to read as follows: At the Council meeting at which any Council member is installed following a regular municipal election, and at any time when there is a vacancy in the office of Mayor, the position of Mayor shall be filled by the Councilmember whose election immediately followed the election of the prior Mayor. For the first year after passage of the Charter Amendment establishing this automatic rotation appointment process, the position of Mayor shall be filled by the Councilmember who has served on the City Council for the longest period of time within their respective current terms. In the event any Councilmember scheduled to be Mayor is unable or desires not to be Mayor, the position of Mayor shall be filled by the Councilmember who was elected to the City Council in the year immediately following that person. The Mayor shall be the presiding officer of the City Council. The Mayor shall be a member of the City Council for all purposes and shall have all the rights, powers and duties of a member of the City Council in addition to those powers and duties conferred upon the Mayor by virtue of his or her office. The Mayor shall be the official head of the City for all ceremonial purposes. The Mayor shall perform such other duties consistent with the office of mayor as may be prescribed by this Charter or as may be provided by the City Council. The Mayor shall serve in his or her capacity at the pleasure of the City Council and may be removed by a majority vote of the members of the City Council. 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 VOTERS THIS DAY OF , Yvette Woodruff -Perez, Mayor ATTEST: Maria E. Ayala, City Clerk 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 3.6 of Article III of the Charter of the City of Vernon is amended in its entirety to read as follows: At the time that a mayor is appointed, the position of Mayor Pro Tempore shall be filled by the Councilmember whose election immediately followed that of the newly appointed Mayor. For the first year after passage of the Charter Amendment establishing this automatic rotation appointment process, the position of Mayor Pro Tempore shall be filled by the Councilmember who has served on the City Council for the next -to -longest period of time within their respective current terms. In the event any Councilmember scheduled to be Mayor Pro Tempore is unable or desires not to be Mayor Pro Tempore, the position of Mayor Pro Tempore shall be filled by the Councilmember who was elected to the City Council in the year immediately following that person. The Mayor Pro Tempore shall serve in such capacity at the pleasure of the City Council and may be removed by a majority vote of the members of the Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability. 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 VOTERS THIS DAY OF Yvette Woodruff -Perez, Mayor ATTEST: Maria E. Ayala, City Clerk