Resolution No. 2022-042RESOLUTION NO. 2022-42
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 Fund’s 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. 2022-42
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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:
Shall the measure 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,
to maintain and improve City services and projects including
City police protection services, City health services, and
contracted City fire protection services, 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.
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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 15, 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. 2022-42 was passed and
adopted by the City Council of the City of Vernon at the Regular meeting on November
15, 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 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 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
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Ordinance No. 1288
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the warehouse tax in that fiscal year is $0.10 per square foot, 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.
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Ordinance No. 1288
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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
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
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Ordinance No. 1288
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and no further, is repealed or modified to that extent necessary to affect the provisions of
this Ordinance.
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. 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 two-thirds
majority of eligible voters casting ballots on the measure 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. 2022-42
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City Council Agenda Item Report
Submitted by: Lisa Pope
Submitting Department: City Clerk
Meeting Date: November 15, 2022
SUBJECT
April 11, 2023 General Municipal Election
Recommendation:
A. Adopt Resolution No. 2022-41 rescinding Resolution Nos. 2022-38 and 2022-39 related
to the April 11, 2023 General Municipal Election;
B. Adopt Resolution No. 2022-42 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;
C. Determine authors of arguments and rebuttals;
D. Direct the City Clerk to transmit a copy of the measure to the City Attorney for
preparation of the impartial analysis; and
E. Adopt Resolution No. 2022-43 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:
On November 1, 2022, the City Council adopted Resolution Nos. 2022-38 calling the election
for April 11, 2023; and 2022-39 requesting services from the Los Angeles County Elections
Department. Section 5 of the proposed ordinance, attached to Resolution No. 2022-38,
inadvertently omitted the two-thirds vote requirement. Due to this omission, staff recommends
rescinding and repeating all actions taken on November 1, 2022.
Resolution Repealing Resolutions adopted on November 1, 2022
The first resolution repeals the two resolutions adopted on November 1, 2022.
Resolution Calling the Election
The second 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.
Written Arguments and Rebuttals
Due to the new resolution calling the election, the deadline for arguments is now November
29, 2022, and rebuttals must be submitted by December 12, 2022.
If the City Council desires to delegate this responsibility to one or two members, it should
determine the authors.
Impartial Analysis
The impartial analysis is due November 29, 2022.
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Resolution Requesting County Services
The third 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
Resolution No. 2014-64 establishing candidate statement regulations applies to the April 2023
election.
Nomination Period
The nomination period for the April 11, 2023 Election begins December 19, 2022, and ends
January 17, 2023.
Fiscal Impact:
The fiscal impact is estimated at $25,000. Sufficient funds to cover the costs of conducting the
election are available in General Fund, City Clerk, Election Costs Account No.
011.1003.596300 for the current fiscal year.
Attachments:
1. Resolution No. 2022-41
2. Resolution No. 2022-42
3. Resolution No. 2022-43
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