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Resolution No. 2022-039RESOLUTION NO. 2022-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON 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 SECTION 1. Recitals. A. A General Municipal Election will be held in the City of Vernon on April 11, 2023. 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 the Los Angeles County Board of Supervisors permit the County Election Department to provide the following services for use in conducting its election: a. Provide appropriate forms for candidate statements, arguments and rebuttals and other forms required by the County; b. Provide signature verification services as needed; c. Print and mail official ballots and sample ballot booklet; and d. 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. 2022-39 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 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. 2022-39 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)           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 1 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 2 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