Resolution No. 2019-009RESOLUTION NO. 2019-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON, CALIFORNIA, RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD ON APRIL 9, 2019,
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 9, 2019, 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 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: Two (2) voting precincts were established for
the purpose of holding said Election, consisting of the regular
election precincts 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 9, 2019, was sixty-four (64), with four (4) provisional ballots
cast.
SECTION 5: The City Clerk canvassed the returns of the
election and certified the results to the City Council, which
certification and results are received and accepted, attached and made
a part hereto as Exhibit A.
SECTION 6: 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:
Carol R. Menke
Maria I. Acosta
Jason C. Roberts
- 2 -
SECTION 7: The following are declared to be the results of
said General Municipal Election for the office of member of the City
Council:
Carol R. Menke 48 votes
Maria I. Acosta 9 votes
Jason C. Roberts 7 votes
Section 8: The City Council of the City of Vernon hereby
declares that Carol R. Menke, was elected as member of the City
Council for the full term of five (5) years.
SECTION 9: 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 10: 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 him or her 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 or she has
been elected.
SECTION 11: As announced by the City Clerk on March 25,
2019, Measures S and T, which appeared on the ballot for the April 9,
2019 General Municipal Election are nullified due to a typographical
error in the Spanish translations of the two measures.
SECTION 12: The votes for and against the Measures shall not
be canvassed, tallied, or certified by the City Clerk.
- 3 -
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 persons voted for;
(3) For what office the person was voted for;
(4) The number of votes given to the person; and
(5) That the votes regarding the Measures were not canvassed
for the reasons stated in Sections 11-12.
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 16th day of April, 2019.
ATTEST:
—71 �Jr—
Mari "E. Ayala, ity Clerk
APPROVED AS TO FORM:
zayfibil Mouissa,
Seni r Deputy City Attorney
- 4 -
Na Melissa Ybarra
Title: Mayor /
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. 2019-09,
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, 2019, and thereafter was duly signed by the Mayor or
Mayor Pro-Tem of the City of Vernon.
Executed this ��ay of April, 2019, at Vernon, California.
(SEAL)
- 5 -
Mar' E.•Ayal City Clerk
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STAFF REPORT
City Council Agenda Item Report
Agenda Item No. COV-154-2019
Submitted by: Maria Ayala
Submitting Department: City Clerk
Meeting Date: April 16, 2019
SUBJECT
A Resolution of the City Council of the City of Vernon, California, Reciting the Fact of the General Municipal Election
held on April 9, 2019, Declaring the Result and Such Other Matters as Provided by Law
Recommendation:
*****NOTE*****
This staff report was updated based on the results from the second, and final, Canvassing of the Votes that took place
on Monday, April 15, 2019 at 3 p.m. in Council Chambers.
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. Adopt a Resolution declaring the results of the General Municipal Election held April 9, 2019, declaring that Carol
R. Menke is elected to the Office of Member of the City Council.
Background:
On April 9, 2019, 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 Measures:
Measure S: Shall Chapter 3.5 of Article III of the Vernon City Charter be amended to change the process for selecting
the Mayor from one by which the other Councilmembers vote to one by which Councilinembers are appointed
according to an automatic rotation schedule based on year of election?
Measure T: Shall Chapter 3.6 of Article III of the Vernon City Charter be amended to change the process 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 based on year of election?
As of the closing of the nomination period on January 16, 2019, at 5:30 p.m., Maria I. Acosta, Carol R. Menke, and
Jason C. Roberts were the only official candidates.
NULLIFYING BALLOT MEASURE S AND MEASURE T:
It came to the City's attention after the ballots were printed and mailed that there was a typographical error on the ballot
with respect to Ballot Measures S and T - namely, that the Spanish translation for the boxes for 'No" for both Measures
was inadvertently translated as "Yes." Due to the potential voter confusion that could have ensued by reprinting and
redistributing corrected ballots so close to the election, and because some ballots had already been returned, the City
determined that the most prudent course of action in lime with its commitment to good governance and transparent
elections was to not canvass, tally, or certify votes for either of the Measures.
This election update was shared with the City's registered voters beginning on March 25, 2019 via the following: an
update on the City's Elections webpage, letters mailed to all registered voters, and a printed update included in any
subsequent ballot mailings.
BALLOTS ISSUED:
On March 14, 2019, eighty (80) vote -by -mail ballots were mailed. Subsequently, fourteen (14) ballots were issued to
fourteen (14) additional registered voters based on registered voter reports received from the Los Angeles County
Registrar-Recorder/County Clerk ("County'). Two (2) duplicate ballots were issued to registered voters who had a
change of address after the initial ballot mailing of March 14th. Three (3) provisional ballots were issued to registered
voters who either misplaced or damaged their original ballot. One (1) provisional ballot was issued to a potentially
conditionally registered voter.
This brings the total ballots issued by the City to one -hundred (100).
BALLOTS RECEIVED:
As of 8 p.m. on April 9, 2019 fifty-seven (57) were ballots received. Of the fifty-seven (57) ballots received: forty-six
(46) were processed for signature verification by the County; thereby leaving a total of eleven (11) 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 10, 2019 - four (4) ballots
*April 11, 2019 - three (3) ballots
*April 12, 2019 - zero (0) 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 12, 2019 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 12, 2019, if any, will be provided as
an update to this staff report no later than Monday, April 15, 2019, by the close of business.
BALLOTS CANVASSED:
On April 9, 2019 after the close of the Election at 8 p.m. forty-six (46) ballots were canvassed. The Semi -Final results
were as follows:
COUNCILMEMBER SEAT
Maria I. Acosta: 6
Carol R. Menke: 35
Jason C. Roberts: 5
Undervote: 0
Overvote: 0
On April 15, 2019 eighteen (18) ballots were canvassed, the results of the second, and final, canvassing were as
follows:
COUNCILMEMBER SEAT
Maria I. Acosta: 3
Carol R. Menke: 13
Jason C. Roberts: 2
Undervote: 0
Overvote: 0
The final and official election results are:
COUNCILMEMBER SEAT
Maria I. Acosta: 9
Carol R. Menke: 48
Jason C. Roberts: 7
Undervote: 0
Overvote: 0
Fiscal Impact:
None.
ATTACHMENTS
• 1. Resolution Reciting the Fact of the General Municipal Election held on April 9, 2019 (Updated on April 15,
2019)
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 9, 2019,
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 9, 2019, 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 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: Two (2) voting precincts were established for
the purpose of holding said Election, consisting of the regular
election precincts 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 9, 2019, was sixty-four (64), with four (4) provisional ballots
cast.
SECTION 5: The City Clerk canvassed the returns of the
election and certified the results to the City Council, which
certification and results are received and accepted, attached and made
a part hereto as Exhibit A.
SECTION 6: 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:
Carol R. Menke
Maria I. Acosta
Jason C. Roberts
- 2 -
SECTION 7: The following are declared to be the results of
said General Municipal Election for the office of member of the City
Council:
Carol R. Menke 48 votes
Maria I. Acosta 9 votes
Jason C. Roberts 7 votes
Section 8: The City Council of the City of Vernon hereby
declares that Carol R. Menke, was elected as member of the City
Council for the full term of five (5) years.
SECTION 9: 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 10: 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 him or her 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 or she has
been elected.
SECTION 11: As announced by the City Clerk on March 25,
2019, Measures S and T, which appeared on the ballot for the April 9,
2019 General Municipal Election are nullified due to a typographical
error in the Spanish translations of the two measures.
SECTION 12: The votes for and against the Measures shall not
be canvassed, tallied, or certified by the City Clerk.
- 3 -
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 persons voted for;
(3) For what office the person was voted for;
(4) The number of votes given to the person; and
(5) That the votes regarding the Measures were not canvassed
for the reasons stated in Sections 11-12.
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 16th day of April, 2019.
ATTEST:
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
Zaynah Moussa,
Senior Deputy City Attorney
- 4 -
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, April 16, 2019, and thereafter was duly signed by the Mayor or
Mayor Pro-Tem of the City of Vernon.
Executed this day of April, 2019, at Vernon, California.
(SEAL)
- 5 -
Maria E. Ayala, City Clerk
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SUPPORTING DOCUMENTATION
OATH OR AFFIRMATION
OF ALLEGIANCE
FOR PUBLIC OFFICERS AND
EMPLOYEES
State of California )
County of Los Angeles ) SS.
City of Vernon )
The Execution of this Oath is Required by Article XX, Section 3, of the Constitution of
the State of California.
I, Carol R. Menke , do solemnly swear (or afrm) that I will support and defend
the Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and allegiance to the
Constitution of the United States and the Constitution of the State of California; that I
take this obligation freely, without any mental reservation or purpose of evasion; and that
I will well and faithfully discharge the duties upon which I am about to enter.
Subscribed and sworn to before me this 10 day ofAprzl, 2019
ignature of Ofi Administering Oath
City Clerk
Title of OficerAdministering Oath
Signature of Person Taking Oath
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