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Resolution No. 2021-039RESOLUTION NO. 2021-39 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 12, 2022 SECTION 1. Recitals. A. A General Municipal Election will be held in the City of Vernon on April 12, 2022. B. In the course of conducting the election it is necessary for the City to request services of the County of Los Angeles. C. 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 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. 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. / / / / / / / / /         Resolution No. 2021-39 Page 2 of 2 _______________________ SECTION 5. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED this 16th day of November, 2021. _____________________________ MELISSA YBARRA, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: ___________________________ ZAYNAH N. MOUSSA, Interim City Attorney I CERTIFY THAT THE FOREGOING RESOLUTION NO. 2021-39 was passed and adopted by the City Council of the City of Vernon at the Regular meeting on November 16, 2021 by the following vote: AYES: 5 Council Members: Larios, Lopez, Merlo, Davis, Ybarra NOES: 0 ABSENT: 0 ABSTAIN: 0 ________________________________ LISA POPE, City Clerk (seal)         City Council Agenda Item Report Agenda Item No. COV-846-2021 Submitted by: Lisa Pope Submitting Department: City Clerk Meeting Date: November 16, 2021 SUBJECT April 12, 2022 General Municipal Election Recommendation: A. Adopt Resolution No. 2021-38 calling and giving notice of an all-mail ballot General Municipal Election to be held on Tuesday, April 12, 2022, for the election of a City Council Member as required by the provisions of the Charter of the City of Vernon; and B. Adopt Resolution No. 2021-39 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 12, 2022. Background: Pursuant to Vernon Charter Section 5.1 and Municipal Code Section 2.118, the City of Vernon conducts all-mail ballot General Municipal Elections on the second Tuesday of April each year. The City Council is required to adopt various resolutions to begin the election process. Resolution Calling the Election The first resolution calls the election on Tuesday, April 12, 2022, for the election of one member of the City Council for a full five (5) year term. Resolution Requesting County Services The second resolution requests the services of the Los Angeles County Election Department to provide appropriate forms, and signature verification services, and prepare, print and mail official ballots and ballot materials. 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 adopting regulations regarding candidate statements submitted to voters in a general municipal or special municipal election. This resolution applies to the April 2022 election. Ballot Drop-Off Locations In prior elections, the City has offered an additional ballot drop-off location on election day. Staff will consider options for providing the best value for voters and will inform voters of such. Nomination Period The nomination period for the April 12, 2022 Election begins December 20, 2021, at which time candidates may obtain nomination papers and required filing materials from the City Clerk Department. The last day to file nomination papers is January 18, 2022. If an incumbent fails to file, the period is extended to January 24, 2022. Fiscal Impact: Sufficient funds to cover the costs of conducting the election are available in Election Costs Account No. 011.1003.596300. Attachments: 1. Resolution No. 2021-38 2. Resolution No. 2021-39 3. Resolution No. 2014-64 RESOLUTION NO. 2021-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, CALLING AND GIVING NOTICE OF AN ALL-MAIL BALLOT GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 12, 2022, FOR THE ELECTION OF A CITY COUNCIL MEMBER AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF VERNON SECTION 1. Recitals. A. In April 2022, the term of one Vernon City Council Member will expire. B.Under the provisions of the Charter of the City of Vernon, a General Municipal Election shall be held on April 12, 2022, for the election of one Municipal Officer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 3. Pursuant to the requirements of the State of California, and the Vernon Charter and Municipal Code, there is called and ordered to be held in the City of Vernon, California, on Tuesday, April 12, 2022, a General Municipal Election conducted by all-mail ballot for the purpose of electing one (1) Member of the City Council for the full term of five (5) years. SECTION 4. The ballots to be used at the election shall be in form and content as required by law. SECTION 5. 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 in order to properly and lawfully conduct the election by all mail ballot. SECTION 6. Pursuant to the City of Vernon Municipal Code, and other applicable provisions of the Charter of the City of Vernon and Ordinances of the City of Vernon, the Election shall be conducted by all-mail ballot, and shall be conducted pursuant to Chapter 2 of Division 4 (commencing with Section 4100) of the California Elections Code only insofar as required by law, and only where not inconsistent with the Charter and Ordinances of the City of Vernon. Notwithstanding Elections Code Section 4103, ballots cast in this Election shall be returned to the Office of the City Clerk no later than 8:00 p.m. on election day in order to be counted. Ballots that are postmarked on election day and received no later than three (3) days following the day of the election will also be counted. Resolution No. 2021-38 Page 2 of 2 _______________________ SECTION 7. In the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Election Official, the City Council, in accordance with Election Code Section 15651(b), shall conduct a special runoff election to resolve the tie vote and such special runoff election is to be held on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote. SECTION 8. In all particulars not recited in this resolution, the Election shall be held and conducted as provided by law for holding municipal elections. SECTION 9. Notice of the time and place of holding the Election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 10. The City Council of the City of Vernon authorizes the City Clerk to administer said Election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. SECTION 11. The City Clerk of the City of Vernon shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED this 16th day of November, 2021. _____________________________ MELISSA YBARRA, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: ___________________________ ZAYNAH N. MOUSSA, Interim City Attorney RESOLUTION NO. 2014-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON REPEALING RESOLUTION NO. 2012-209 AND ADOPTING REGULATIONS REGARDING CANDIDATE STATEMENTS SUBMITTED TO VOTERS IN ANY GENERAL MUNICIPAL OR SPECIAL MUNICIPAL ELECTION WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency shall adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate's statement; and WHEREAS, on November 6, 2012, the City Council of the City of Vernon adopted Resolution No. 2012-209 adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at any general municipal or special municipal election; and WHEREAS, the City Council desires to repeal Resolution No. 2012-209 and adopt regulations regarding candidates statements submitted to the voters in any general or special municipal election. 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 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. SECTION 3: GENERAL PROVISIONS. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for in any general municipal or special municipal election, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate, and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate's nomination papers are filed. An electronic copy of the candidate statement should also be submitted to the office of the City Clerk when filing. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. SECTION 4: FOREIGN LANGUAGE POLICY. a. Pursuant to the Federal Voting Rights Act, the City is required to translate candidate statements into the following languages: Spanish. b. Pursuant to state law, the candidate may elect to have their candidate statement translated into any other additional foreign language(s). C. The City Clerk shall have all candidate statements translated into the languages required by the Federal Voting Rights Act and those additional languages requested by the candidate(s). SECTION 5: PAYMENT. The City Clerk shall print an English and Spanish voter information pamphlet to be mailed to all voters which shall include any additional translations of candidates who so 2 - request printing in the voter information pamphlet. All translations will be made available upon request in the City Clerk's Office. a. The candidate shall be required to pay for the cost of translating the candidates statement into any required foreign language and any other language(s) he or she has elected. The City Clerk shall select the person who provides the foreign language translation pursuant to the criteria set forth in Elections Code Section 13307(b). b. The candidate shall be required to pay the cost of printing, handling and mailing the candidate statement in English and Spanish in the voter information pamphlet, and be required to pay for said costs associated with their selection to include any other foreign language(s) in the voter information pamphlet. C. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statements filed pursuant to the Elections Code, and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter information pamphlet. Actual costs vary from one election to another. The actual candidate statement filing cost for a given election may be significantly more or less than the estimate, depending on the actual number of candidates who file statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for the additional actual expense or refund any excess amount paid, depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate 3 - the excess amount among the candidates and refund the excess amount paid within 30 days of the election. d. The City Clerk shall comply with all applicable State statutes, regulations, standards and guidelines published by the Secretary of State regarding candidates' statements, ballot designations and other procedural items. SECTION 6: ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 7: The City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nomination documents are issued. SECTION 8: All previous resolutions establishing Council policy on payment for candidates' statements, specifically Resolution No. 2012-20,9, are hereby repealed. SECTION 9: This resolution shall apply at the next ensuing general municipal or special municipal election and at each general municipal or special municipal election until repealed. 4 - SECTION 10: 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 21st day of October, 2014. ATTEST: L/ Ana BUC" Cei-t—y-tx]s. / Deputy City Clerk 010, a r , ms i r Name: W. Michael MCCOrmick Title: Mayor 5 - STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, Aria Barcia , / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2014-64, 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, October 21, 2014, and thereafter was duly signed by the Mayor or Mayor Pro -Tem of the City of Vernon. Executed this 23 day of October, 2014 at Vernon, California. SEAL) 6 - A`sa Bar yam'/ Deputy City Clerk