Resolution No. 2022-038RESOLUTION NO. 2022-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
CALLING AND GIVING NOTICE OF AN ALL-MAIL BALLOT GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 11, 2023,
FOR THE ELECTION OF A CITY COUNCIL MEMBER AS REQUIRED BY
THE PROVISIONS OF THE CHARTER AND SUBMITTING A BALLOT
MEASURE TO THE VOTERS TO AMEND MUNICIPAL CODE SECTION
3.20.020 EXTENDING THE PUBLIC SAFETY SPECIAL PARCEL TAX
SECTION 1. Recitals.
A. In April 2023, the term of one Vernon City Council Member will expire.
B. Under the provisions of the City of Vernon Charter, a General Municipal
Election shall be held on April 11, 2023, for the election of one Municipal Officer.
C. On April 9, 2013, the City of Vernon voters approved Measure L, an
ordinance authorizing, for a period of ten years, the levy of an annual special parcel tax
on non-residential parcels at a rate of $0.03 per square foot (adjusted annually for
inflation) to fund: (i) City fire protection services and projects, (ii) City health services and
projects, and (iii) City police services and projects (Public Safety Special Parcel Tax).
D. The current Public Safety Special Parcel Tax expires on June 30, 2023.
Although the City has eliminated the General Funds’ longstanding structural deficit,
restored funds to a positive balance, and implemented cost-saving measures and
strategic actions to contain operational costs, without a continuation of the Public Safety
Special Parcel Tax the City would likely be unable to provide the current level of public
safety services to residents, businesses, and inhabitants of the City.
E. Therefore, the City Council desires to submit a ballot measure to the voters
amending Vernon Municipal Code Section 3.20.020 to extend the Public Safety Special
Parcel Tax for a period of five years.
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 11, 2023, 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 and submitting a ballot measure to the voters.
Resolution No. 2022-38
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SECTION 4. The City Council, pursuant to its rights and authority, does order
submitted to the voters at the General Municipal Election the following question:
To maintain and improve City services and projects including
City police protection services, City health services, and
contracted City fire protection services, shall the ordinance
extending the Public Safety Special Parcel Tax, authorizing,
for a period of five years, the levy of an annual special parcel
tax on non-residential parcels at the rate of $0.03683 per
square foot (adjusted annually for inflation), and generating
approximately $2,180,000 annually for 5 years, be adopted?
YES
NO
SECTION 5. Pursuant to California Constitution Article XIII A Section 4, the
measure requires approval by a two-thirds vote of those casting ballots on the measure.
SECTION 6. The full text of the ordinance is attached as Exhibit A and shall be
printed in the Voter Information Pamphlet.
SECTION 7. The ballots to be used at the election shall be in form and content as
required by law.
SECTION 8. 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 9. Pursuant to the Municipal Code and Charter, the Election shall be
conducted by all-mail ballot, and shall be conducted pursuant to California Elections Code
Section 4100, et seq. 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
postmarked on election day and received no later than three (3) days following the day of
the election will also be counted.
SECTION 10. In accordance with Elections Code Section 15651(b), 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 Elections Official, a special runoff election shall be
conducted 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 11. In all particulars not recited in this resolution, the Election shall be
held and conducted as provided by law for holding municipal elections.
Resolution No. 2022-38
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SECTION 12. 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 13. 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 14. 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 November 1, 2022.
_____________________________
LETICIA LOPEZ, Mayor
ATTEST:
LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
ZAYNAH N. MOUSSA, City Attorney
I CERTIFY THAT THE FOREGOING RESOLUTION NO. 2022-38 was passed and
adopted by the City Council of the City of Vernon at the Regular meeting on November
1, 2022 by the following vote:
AYES: 5 Council Members: Davis, Merlo, Ybarra, Larios, Lopez
NOES: 0
ABSENT: 0
ABSTAIN: 0
________________________________
LISA POPE, City Clerk
(seal)
ORDINANCE NO. 1288
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON
AMENDING SECTION 3.20.020 OF THE VERNON MUNICIPAL CODE TO
EXTEND THE PUBLIC SAFETY SPECIAL PARCEL TAX
THE PEOPLE OF THE CITY OF VERNON DO ORDAIN AS FOLLOWS:
SECTION 1. Vernon Municipal Code Section 3.20.020, Public Safety Special
Parcel Tax, is hereby amended to read as follows:
A. Definitions. As used in this section, the following terms have the meanings
indicated:
1. “Assessor’s parcel map” means an official map of the Assessor of the
County of Los Angeles designating parcels by assessor’s parcel numbers.
2. “CPI” means the Consumer Price Index for All Urban Consumers (CPI-U),
All Items Index, Los Angeles-Long Beach-Anaheim, California Area (1982-
84=100) published by the United States Department of Labor, Bureau of Labor
Statistics.
3. “Fiscal year” means the fiscal year of the City, which is the period starting
July 1 and ending on the following June 30.
4. “Maximum rate” means the maximum rate of the special parcel tax as
calculated pursuant to subsection D of this section.
5. “Nonresidential parcel” means any parcel other than a parcel that is
improved solely with a residential structure.
6. “Parcel” means a lot or parcel shown on the current applicable assessor’s
parcel map with an assigned assessor’s parcel number.
7. “Special parcel tax” means the special parcel tax to be levied pursuant to
this section.
8. “Taxable parcel area” means, with respect to a parcel of taxable property
and a fiscal year, the square footage of that parcel, excluding square footage that
has been apportioned a share of the warehouse tax for that fiscal year. For
purposes of this definition, “square footage that has been apportioned a share of
the warehouse tax for that fiscal year” shall be calculated for the applicable fiscal
year by dividing the amount of the warehouse tax levied against a parcel by the
rate per square foot of the warehouse tax. For example, if the amount of the
warehouse tax levied against a parcel is $10,000 in a given fiscal year, and the
applicable rate of the warehouse tax in that fiscal year is $0.10 per square foot,
Resolution No. 2022-38
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Ordinance No. 1288
Page 2 of 4
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then 100,000 square feet of the area of that parcel is square footage that has been
apportioned a share of the warehouse tax for that fiscal year.
9. “Taxable property” means all of the nonresidential parcels within the
boundaries of the City other than nonresidential parcels that: (a) are exempt from
the special parcel tax pursuant to the Constitution or the laws of the United States
or of the Constitution or the laws of the State of California; or (b) are exempt from
the ad valorem property tax or have an ad valorem property tax liability of zero.
10. “Warehouse tax” means the special parcel tax levied by the City pursuant
to Section 3.20.010.
B. Levy of Special Parcel Tax. An annual special tax is hereby levied by the City on
all parcels of taxable property.
C. Duration. The special parcel tax shall first be collected for fiscal year 2023-24. The
final year for which the special parcel tax shall be collected is fiscal year 2027-28.
D. Tax Rate.
1. For fiscal year 2023-24, the maximum rate of the special parcel tax shall be
$0.03683 per square foot of taxable parcel area.
2. For fiscal year 2024-25 and each subsequent fiscal year through and
including fiscal year 2027-28, the maximum rate of the special parcel tax
shall be automatically adjusted based upon changes in CPI. For any fiscal
year in which the CPI for the month of March of the immediately preceding
fiscal year is greater than the CPI for March 2023, the maximum rate for
such fiscal year shall be equal to the product of the maximum rate for fiscal
year 2023-24 multiplied by a fraction, the numerator of which is the CPI for
the applicable month of March and the denominator of which is the CPI for
March 2023. For each fiscal year in which the CPI for the month of March
of the immediately preceding fiscal year is not higher than the CPI for March
2023, the maximum rate for such fiscal year shall not be adjusted and such
maximum rate shall be equal to the maximum rate for fiscal year 2023-24.
If, in the future, the CPI is changed so that the CPI for March 2023 differs
from the CPI for such month used as of the effective date of this section,
the CPI for such month shall be converted in accordance with the
conversion factor published by the United States Department of Labor,
Bureau of Labor Statistics. The Finance Director shall submit a written
report to the City Council each fiscal year setting forth the adjustments to
the maximum rate calculated in accordance with this subsection.
E. Annual Proceedings. For each fiscal year, the City Council shall determine, by
ordinance or resolution, the amount of the special parcel tax to be imposed on each parcel
Resolution No. 2022-38
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Ordinance No. 1288
Page 3 of 4
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of taxable property. The tax amounts determined by the City Council for a fiscal year shall
be calculated based on the applicable maximum rate for such fiscal year but may, at the
discretion of the City Council, be determined based on lower rates. The ordinance or
resolution shall list each taxed parcel by assessor’s parcel number. The ordinance or
resolution shall constitute the official record of the assessment of the special parcel tax,
and a copy thereof, together with any other pertinent data, shall be transmitted to the
appropriate County officials to facilitate collection of the special parcel tax.
F. Collection of Special Parcel Tax. The special parcel tax shall be collected by the
County Treasurer and Tax Collector in the same manner and subject to the same penalty
and procedure as ad valorem property taxes collected by the County Treasurer and Tax
Collector. Unpaid special parcel taxes shall bear interest at the same rate as the rate for
unpaid ad valorem property taxes until paid.
G. Special Parcel Tax Not an Ad Valorem Tax. The special parcel tax is not an ad
valorem tax. The amount of the special parcel tax to be imposed on a parcel is not
calculated or measured based on the value of that parcel.
H. Statement of Specific Purpose of Special Parcel Tax Proceeds to Be Applied Only
to Such Specific Purpose. The proceeds of the special parcel tax, together with any
interest and penalties thereon, shall be applied only to the payment of the costs of: (1)
City police services and projects; (2) City health services and projects; and (3) contracted
City fire protection services and projects. Services and projects include, but are not limited
to salaries, benefits, equipment, contracted services, and capital improvements.
I. Accountability Measures. The proceeds of the special parcel tax shall be deposited
in a special account, to be created and maintained by the City. For so long as proceeds
of the special parcel tax remain unexpended, the Finance Director of the City shall file an
annual report with the City Council no later than the second Council meeting in January
of each year, commencing January 1, 2025, stating: (1) the amount of special parcel tax
funds collected and expended; and (2) the status of any project required or authorized to
be funded pursuant to this section. Such annual report shall relate to the fiscal year most
recently ended, and may be incorporated into or filed with the annual budget, audit or
other appropriate routine report to the City Council.
J. Amendment. The City Council may, by ordinance, amend, repeal, renumber or
recodify any or all of the provisions of this section; provided, however, that no ordinance
extending or increasing the special parcel tax shall be effective unless submitted to, and
approved by, the voters of the City as required pursuant to the applicable law at the time
of such action.
SECTION 2. Any provision of the Vernon Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
and no further, is repealed or modified to that extent necessary to affect the provisions of
this Ordinance.
Resolution No. 2022-38
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Ordinance No. 1288
Page 4 of 4
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SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or
portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be
unconstitutional or otherwise invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
adopted this Ordinance, and each section, subsection, paragraph, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared
invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to
be severable.
SECTION 4. The City Clerk shall certify the adoption and publish this ordinance as
required by law.
SECTION 5. This ordinance shall go into effect if approved by a majority of the
voters of the City of Vernon at the general municipal election to be held on April 11, 2023,
and shall be executed by the Mayor upon certification by the City Council of the results of
the election approving this ordinance.
APPROVED AND ADOPTED ___________.
_____________________________
LETICIA LOPEZ, Mayor
ATTEST:
LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:
ZAYNAH N. MOUSSA, City Attorney
Resolution No. 2022-38
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City Council Agenda Item Report
Submitted by: Lisa Pope
Submitting Department: City Clerk
Meeting Date: November 1, 2022
SUBJECT
April 11, 2023 General Municipal Election
Recommendation:
A. Adopt Resolution No. 2022-38 calling and giving notice of an all-mail ballot General
Municipal Election to be held on Tuesday, April 11, 2023, for the election of a City
Council Member as required by the provisions of the Charter and submitting a ballot
measure to the voters to amend Municipal Code Section 3.20.020 extending the Public
Safety Special Parcel Tax;
B. Determine authors of arguments and rebuttals;
C. Direct the City Clerk to transmit a copy of the measure to the City Attorney for
preparation of the impartial analysis; and
D. Adopt Resolution No. 2022-39 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 11, 2023.
Background:
Pursuant to Vernon Charter Section 5.1 and Municipal Code Section 2.28.020, 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 11, 2023, for the election of one
member of the City Council for a full five (5) year term and to submit a ballot measure to the
voters to extend the existing Public Safety Special Parcel Tax an additional five years.
Ballot Measure
On April 9, 2013, the voters approved Measure L, authorizing the Public Safety Special Parcel
Tax for ten years, to fund: (i) City fire protection services and projects, (ii) City health services
and projects, and (iii) City police services and projects. Although the City has eliminated the
General Fund’s longstanding structural deficit, restored funds to a positive balance,
implemented cost-saving measures and strategic actions to contain operational costs, if the
special parcel tax was allowed to sunset on June 30, 2023, the City would likely be unable to
provide the current level of public safety services. The current tax rate of $0.03683 per square
foot, adjusted annually for inflation, is proposed for approval by the voters. In order to pass,
the proposed ballot measure requires approval by a two-thirds vote of those casting ballots on
the measure.
On May 12, 2022, the Business and Industry Commission discussed the need to extend the
Public Safety Special Parcel Tax beyond the current expiration date of Fiscal Year 2022-23;
concurred with the need to maintain Police services, and retain the tax, possibly resetting the
rate; and requested staff bring back additional information. On July 14, 2022, the Commission
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further discussed the matter and unanimously recommended continuation of the tax.
Written Arguments and Rebuttals
The Elections Code provides regulations for written arguments and rebuttals, including
deadlines for submission. Arguments are due no later than November 15, 2022, and rebuttals
must be submitted by November 28, 2022.
If the City Council desires to delegate this responsibility to one or two members, it should
determine the authors.
Impartial Analysis
Elections Code Section 9280 provides for preparation of an impartial analysis, showing the
effect of the measure, by the City Attorney. The impartial analysis is due the same date as the
initial arguments, November 15, 2022.
Resolution Requesting County Services
The second resolution requests the services of the Los Angeles County Elections 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. This resolution applies to the April 2023
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 11, 2023 Election begins December 19, 2022, 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 17, 2023. Council
member Davis has served the maximum term limit and cannot run for re-election; therefore,
there will be no extension of the nomination period.
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. 2022-38
2. Resolution No. 2022-39
3. Resolution No. 2014-64
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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
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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
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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.
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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