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Resolution No. 2019-054RESOLUTION NO. 2019-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 14, 2020 WHEREAS, a General Municipal Election will be held in the City of Vernon on April 14, 2020; and WHEREAS, in the course of conducting the election it is necessary for the City to request services of the County of Los Angeles; and WHEREAS, all necessary expenses in performing these services shall be paid by the City of Vernon. 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 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: Pursuant to the provisions of Elections Code Section 10002, the Vernon City Council requests that the Los Angeles County Board of Supervisors permit the County Election Department to provide the following services for use in conducting its election: 1. Provide appropriate forms for candidate statements, arguments and rebuttals and other forms required -by the County; 2. Provide signature verification services as needed; 3. Print and mail official ballots and sample ballot booklet; and 4. Prepare and mail multilingual ballot materials in accordance with the Voting Rights Act. SECTION 4: The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. SECTION 5: 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 3rd day of December, 2019. ATTEST: Y( u p4k Lisa Pope, Ci y Clerk APPROV AS TO F RM: Zaynah Moussa, Senior Deputy City Attorney - 2 - a. 404� Name • Melissa A. Ybarra Title: Mayor / STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Lisa Pope, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2019-54, 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 3, 2019, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this I day of December, 2019 at Vernon, California. (SEAL) - 3 - Lisa Pope, C ty Clerk TRANSMITTAL COMMUNICATION Of r1 Cr Lid nOtt OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 December 9, 2019 Celia Zavala, 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. 2019-54 — Requesting County Services Resolution No. 2019-53 — Calling and Giving Notice of an All -Mail Ballot Election Dear Ms. Zavala: Transmitted herewith is a copy of Resolution Nos. 2019-53 and 2019-54 that were approved by City Council on December 3, 2019. If you have any questions regarding this matter, please contact Lisa Pope at (323) 583-88I1 ext. 546. Very truly yours, Deborah R. Juarez Records Management Assistant Enclosure c: City Clerk Resolution Nos. 2019-53, 2019-54 E,Tdu sivel Industrial of V er �Lit� n�ri OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 December 9, 2019 Dean C. Logan Registrar-Recorder/County Clerk Los Angeles County Election Coordination Unit, 2nd Floor, Rm. 2003 12400 E. Imperial Highway Norwalk, CA 90650 Re: Resolution No. 2019-54 — A Resolution of the City Council of the City of Vernon, California, Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services to the City Relating to the Conduct of a General Municipal Election to be Held on Tuesday, April 14, 2020 Dear Mr. Logan: Transmitted herewith is a certified copy of Resolution No. 2019-54 that was approved by City Council on December 3, 2019. If you have any questions regarding this matter, please contact Lisa Pope at (323) 583-8811 ext. 546. Very truly yours, g � R. JuareZII Records Management Assistant Enclosure c: City Clerk Resolution No. 2019-54 EXclusiveC Industrial STAFF REPORT AGENDA APPROVED 12/03/19 - DJ City Council Agenda Item Report Agenda Item No. CO V-522-2019 Submitted by: Lisa Pope Submitting Department: City Clerk Meeting Date: December 3, 2019 SUBJECT April 14, 2020 General Municipal Election Recommendation: A. Fed that this action is exempt from the California Envaonmeraal Quality Act (CEQA) review, because it is an administrative activity 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; B. Adopt a Resolution calling and giving notice ofan a&n ail ballot General Municipal Election to be held on Tuesday, April 14, 2020 for the election of a City Council Member as required by the provisions ofthe Charter of the City of Vernon and submitng a ballot measure to amend the Charter related to Mayoral rotation and a ballot measure levying a transactions and use tax to the voters at said election; C. Detennne authors of arguments and rebuttals; D. Adopt a Resolution requesting the Board of Supervisors ofthe County of Los Angeles to render specked services to the City relating the conduct ofthe General Municipal Election to be held on Tuesday, April 14, 2020; and E. Direct the C ity Clerk to transmit a copy ofthe measures to the city attorney for preparation of impartial analyses. Background: Pursuant to Vernon Charter Section 5.1 and Municipal Code Section 2.118, the City of Vemon conducts all -mail ballot General Municipal Elections on the second Tuesday ofApnl each year. The City Council is required to adopt various resolutions to begin the election process. Resolution Calling the Election The fist resolution (Attachment 1) calls the election on Tuesday, April 14, 2020, for the election ofore member of the City Council for a full five (5) year tern and submits two ballot measures to the voters. Charter Amendment Ballot Measure Currently, the Charter dictates that the Mayor and Mayor Pro Tern are selected from the City Council following a regular municipal election. Charter Chapters 3.5 and 3.6 read as follows: Chapter 3.5 - At the Council meeting at which any Council Member is installed following a regular municipal ekxtim and at any time when there is a vacancy in the office of the Mayor, the C'ty Council shall meet and shall elect one of its members as Mayor." Chapter 3.6 - At the time that a Mayor is selected, the City Council shall also designate on of is members as Mayor Pro Tempore." The proposed ballot measure would establish rotation of the Mayor and Mayor Pro Tem positions, rather than having the Council Members vote to elect these positions. A rotational process as prescribed by the proposed ballot measure AGENDA APPROVED 12/03/19 - DJ affords equal opportunities for each Council Member to serve as the Cty's Mayor and Mayor Pro Tem at some point in theirtenure on the Cty Council Similar ballot measures were on the April 2019 ballot but were wthdnawn due to a technical error on the ballot. Transaction and Use Tax Ballot Measure The City has historically operated with a deficit on its General Fund that was partially alleviated via a transfer of hinds from the electric utility each fiscal year, in order to provide essential services to its residents and businesses. While the s common practice among public agencies with their own utilities, it is not viewed as a best practice by rating agencies and regulatory bodies. The City continues to be confronted with is traditional challenges to provide the core services to is residents and businesses of public safety and infrastructure, and to address deferred maintenance projects throughout the City, as well as two additional obstacles in recent years: nnfiaded pension and Other Post-Eirlaloyment Benefits (OPEB) liabilities. Although the City adopted a 6% utility users' tax (Measure R) on April 10, 2018, and entered into an agreement with the Fie Protection District of Los Angeles County for fee protection on August 6, 2019, the City sty faces financial challenges. The City of Vernon, Ike nemicipaljurisdictiom throughout the state, receives a 1 % Sales and Use Tax pursuant to the Bradley -Bums Uniform Local Sales Tax and Use Law. CaMmia state law sets a cap for sales and use tax at 10.25% with a few exceptions as allowed by state legislation. The total sales tax assessed in the City is currently 9.5%, comprised of the following: 6.25%California State Rate 1%County Transportation 1 % County Metro Transportation I%City of Vemon .25% County of Los Angeles Rate (County Homeless Services) The City remain committed to is Good Governance reforms, including fiscal accourtabifty and transparency, financial stability, as well as securing additional sources of revenue that are necessary to retain the Ciity's current levels of service. One option to address budget deficits and build fuhue reserves s the consideration of three-quarter cent (0.750%) local sales tax (technically, a 'Transactions and Use Tax'). Proceeds from the tax would be locally protected fiords that could be used for maintaining and improving City services including safety, infrastructure, streets and housing An increase to the Cty's sales tax would 'increase the Cityls revenue by approximately $6 million per year. Arguments and Rebuttals Elections Code Sections 9282 and 9285 allow for submittal of written arguments and rebuttal arguments. At is December 18, 2018 meeting, the Council authored the Mayor to prepare and file arguments in favor of the proposed ballot measure related to Mayoral rotation. The Council may wish to do the same for these ballot measures. Elections Code Section 9286 requires the elections official to fix the date 14 days from the calling ofthe election as the deadline for submittal ofarguments and Elections Code Section 9285 indicates rebuttal arguments shall be submitted no later than 10 days after the feral fnTng date for primary arguments. Therefore, arguments would be due no later than December 17, 2019, and rebuttals mast be submitted by December 30, 2019, since C'ty Hall is closed on Friday, December 27, 2019. Impartial Analysis AGENDA APPROVED 12/03/19 - DJ Elections Code Section 9280 provides for preparation of impartial analyses, showing the effect ofthe measures, by the City Attorney. The inpartsl analyses are due at the same as the initial arguments. Candidate Statement Regulations Elections Code Section 13307 allows candidates to prepare a candidate statement for inclusion in the voter's pamphlet On October 21, 2014, the Council adopted Resolution No. 2014-64 (Attachment 2) adopting regulations regarding candidate statements submitted to voters in a general nunicipal or special municipal election. This resolution applies to the April 2020 election Resolution Requesting County Services The second resolution (Attachment 3) requests the services of the Los Angeles County Election Deparbnent to provide appropriate forrrs, and signature verification services, and prepare, prig and mail official ballots and ballot materials. Ballot Drop -Off Locations In prior elections, the City has offered an additional ballot drop-off location on election day. No ballots weredropped ofat the Vernon Five Station in the October 2019 Special Municipal Election and onlyone was dropped of in April 2019 because the resident "was Wrested in seeing the process". Staff will consider options for providing the best value for voters and will nfonn voters of such Nomination Period The nomination period for the April 14, 2020 Election beg0s December 23, 20199 at which time candidates nay obtain nomination papers and requivd fifing materials from the C'ty Clerk Department. The last day to file nomination papers is January 21, 2020 (since City Hall is closed January 17 and 20, 2020). If an incumbent Pais to file, the period is extended to January 27, 2020. Fiscal Impact: The proposed Transaction and Use Tax ballot Treasure is anticipated to generate approxinately $6 million annually. Account No. 011. 1003.596300 has $21,346 which is expected to be sufficient to cover the cost of the election ATTACHMENTS • 1. Resokaion Calling Election • 2. Resoktion No. 2014-64 regarding Candidate Statements • 3. Resolution Requesting County Services