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Resolution No. 2024-023RESOLUTION NO. 2024-023 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 8, 2025, FOR THE ELECTION OF A CITY COUNCIL MEMBER AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF VERNON AND SUBMITTING TO THE VOTERS OF THE CITY TWO CHARTER AMENDMENT MEASURES RELATED TO CITY COUNCIL MAYORAL ROTATION AND UPDATING ELECTION CANVASS PROCEDURES IN COMPLIANCE WITH STATE LAW SECTION 1. Recitals. A. In April 2025, 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 8, 2025, for the election of one Municipal Officer. C. The City Council has determined that current City Charter language regarding mayoral rotation is not sufficiently clear to ensure that the Mayor and Mayor Pro Tempore positions should be filled by the Council Members serving in the fifth final) and fourth year, respectively, of their Council seat terms. D. Accordingly, the City Council desires to submit a ballot measure to the voters to amend Chapters 3.5 and 3.6 of the Vernon City Charter as they relate to the rotation process of Mayor and Mayor Pro Tempore following a regular municipal election. E. The City Council has also determined that Chapter 3.4 of the City Charter should be updated to ensure compliance with applicable state law related to election canvassing. F. Accordingly, the City Council desires to submit a ballot measure to the voters to amend Chapter 3.4 of the Vernon City Charter to align City election canvassing procedures and timeframes with applicable state election law. 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 8, 2025, a General Municipal Election conducted by Resolution No. 2024-023 Page 2 of 6 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 two ballot measures to the voters. 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 in substantially the same form: Shall the measure amending Chapters 3.5 and 3.6 of the Vernon City Charter to state that during City Council installation following a regular municipal election, the position of Mayor shall be filled by the Council Member entering their fifth (last) year of their Council seat’s term, and the position of Mayor Pro Tempore shall be filled by the Council Member entering their fourth year of their Council seat’s term, and so on in descending order if necessary, be adopted? YES NO SECTION 5. The proposed complete text of the measure is as follows: The People of the City of Vernon do hereby amend the Charter of the City of Vernon as follows: Chapter 3.5 of Article III of the Charter of the City of Vernon is amended to read as follows: At the Council meeting at which any Council member is installed following a regular municipal election, and at any time when there is a vacancy in the office of Mayor, the position of Mayor shall be filled by the Council Member entering the fifth (last) year of their Council seat’s term. In the event any Council Member scheduled to be Mayor is unable or desires not to be Mayor, the position of Mayor shall be filled by the Council Member entering the fourth year of their Council seat’s term, and so on in descending order if necessary. The Mayor shall be the presiding officer of the City Council. The Mayor shall be a member of the City Council for all purposes and shall have all the rights, powers and duties of a member of the City Council in addition to those powers and duties conferred upon the Mayor by virtue of his or her office. The Mayor shall be the official head of the City for all ceremonial purposes. The Mayor shall perform such other duties consistent with the office of mayor as may be prescribed by this Charter or as may be provided by the City Council. The Mayor shall serve in his or her capacity at the pleasure of the City Council and may be removed by a majority vote of the members of the City Council. Resolution No. 2024-023 Page 3 of 6 Chapter 3.6 of Article III of the Charter of the City of Vernon is amended to read as follows: At the time that a Mayor is appointed, the position of Mayor Pro Tempore shall be filled by the Council Member entering the fourth year of their Council seat’s term. In the event any Council Member scheduled to be Mayor Pro Tempore is unable or desires not to be Mayor Pro Tempore, the position of Mayor Pro Tempore shall be filled by the Council Member entering the third year of their Council seat’s term, and so on in descending order if necessary. The Mayor Pro Tempore shall serve in such capacity at the pleasure of the City Council and may be removed by a majority vote of the members of the Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability. SECTION 6. The City Council, pursuant to its rights and authority, does order submitted to the voters at the General Municipal Election the following question in substantially the same form: Shall the measure amending Chapter 3.4 of the Vernon City Charter to require that election returns be canvassed beginning on the first Tuesday following a City Council election and continued in the time, form, and manner required by the City Charter, Vernon Municipal Code, and the general laws oftheStategoverning municipal elections, and that Council Member terms shall begin at the hour election results are certified by the City Council, be adopted? YES NO SECTION 7. The proposed complete text of the measure is as follows: The People of the City of Vernon do hereby amend the Charter of the City of Vernon as follows: Chapter 3.4 of Article III of the Charter of the City of Vernon is amended to read as follows: The regular election of Councilmembers shall be held on the second Tuesday of April in each year, commencing in 2010. The terms of Council members shall be staggered so that each Council member shall serve a five year term and one Council member shall be elected each year; provided, however, that in order to effect the election of Council members according to staggered terms as set forth above, upon adoption of this section by the voters, the City Council shall assign each Council position a number, with the Council seats which expire in 2010 assigned numbers 1, 2 and 3 by lot, and Council seats which expire in 2012 Resolution No. 2024-023 Page 4 of 6 assigned numbers 4 and 5 by lot. Council seat number 3 will be subject to election for five year terms commencing in 2010. Council seat number 1 will have its term extended one year to 2011, and will be subject to election for five year terms commencing in 2011. Council seat number 2 will have its term extended two years to 2012, and will be subject to election for five year terms commencing in 2012. Council seat number 4 will have its term extended one year to 2013, and will be subject to election for five year terms commencing in 2013. Council seat number 5 will have its term extended for two years to 2014, and will be subject to election for five year terms commencing in 2014. No person may serve more than two terms of office as member of the City Council. This limitation on the number of terms of office shall apply prospectively only and terms of office that began before the effective date of this chapter shall not apply to the two term limit. The completion of any unexpired term to which a Councilmember was elected shall not be considered a term for the purposes of this chapter. The City Council shall be the final judge of election results and the qualifications of its members. The City Council shall canvass the returns of an election beginning on the first Tuesday following a City Council election and continue such canvass in the time, form, and manner required by the City Charter, Vernon Municipal Code, and the general laws of the State governing municipal elections. The terms of each elected Council Member shall begin at the hour the election results are certified by the City Council. In the absence of death, removal from office or disqualification, each Council Member shall serve until expiration of his or her term and until a successor qualifies. SECTION 8. Pursuant to California Constitution Article XIIIC, the measures require approval by a majority vote of those casting ballots on the measure. SECTION 9. The ballots to be used at the election shall be in form and content as required by law. SECTION 10. 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 11. 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 or before election day and received no later than seven (7) days following the day of the election will also be counted. Resolution No. 2024-023 Page 5 of 6 SECTION 12. 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 13. In all particulars not recited in this resolution, the Election shall be held and conducted as provided by law for holding municipal elections. SECTION 14. 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 15. 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 16. The Deputy 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 5, 2024. JUDITH MERLO, Mayor ATTEST: YONNIE PARKER, Deputy City Clerk seal) APPROVED AS TO FORM: ZAYNAH N. MOUSSA, City Attorney Resolution No. 2024-023 Page 6 of 6 I CERTIFY THAT RESOLUTION NO. 2024-023 was passed and adopted by the City Council of the City of Vernon at the Regular Meeting on November 5, 2024, by the following vote: AYES: 3 Council Members: Lopez, Rivera, Ybarra NOES: 0 ABSENT: 2 Council Members: Larios, Merlo ABSTAIN: 0 YONNIE PARKER, Deputy City Clerk seal) City Council Agenda Report Meeting Date:November 5, 2024 From:Deborah Harrington, Interim City Clerk Department:City Clerk Submitted by:Yonnie Parker, Deputy City Clerk Subject April 8, 2025 General Municipal Election Recommendation A. Adopt Resolution No. 2024-023 calling and giving notice of an all-mail ballot General Municipal Election to be held on Tuesday, April 8, 2025, for the election of one City Council Member as required by the provisions of the Vernon Charter and submitting ballot measures to the voters to define the City Council reorganization process and election canvass; B. Determine author(s) of arguments and rebuttals; C. Direct the City Clerk to transmit a copy of the measures to the City Attorney for preparation of the impartial analyses; D. Adopt Resolution No. 2024-024 adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at any General Municipal or Special Municipal Election to be held in the City; and E. Adopt Resolution No. 2024-025 requesting the Board of Supervisors of the County of Los Angeles render specified services to the City of Vernon relating to the conduct of a General Municipal Election to be held Tuesday April 8, 2025. 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 Resolution No. 2024-023 calls the election on Tuesday, April 8, 2025, for the election of one member to the City Council for a full five (5) year term and to submit a ballot measure(s) to the voters to clarify the City Council reorganization of Mayor and Mayor Pro Tempore. In addition, there are certain Charter updates relating to City Council and Elections. City Council Reorganization Ballot Measure Chapters 3.5 and 3.6 of the Vernon City Charter provide direction for the installation of Mayor and Mayor Pro Tempore following a regular municipal election, and at any time there is a vacancy in either Office. The current rotation process is based on the order of election of Council Members and was established to ensure each Council Member has an opportunity to serve as Mayor. The proposed ballot measure modifies the rotation process to one based on the year of a Council seat’s term, specifying that the Mayor and Mayor Pro Tempore positions are to be filled by the Council Members serving in the fifth and fourth year of their respective Council seat terms. The intent behind the proposed change in rotation is to recognize the service of Council Members serving the final year of their term by allowing them to “term out” as Mayor. A redline of the amended Charter language for Chapters 3.5 and 3.6 is attached for reference (Attachment 4). Elections Canvass Procedures Ballot Measure State law sets forth specific canvass procedures and timeframes. The last paragraph of Chapter 3.4 of the Vernon City Charter establishes City election canvassing procedures. The proposed ballot measure would amend Chapter 3.4 of the Vernon City Charter to ensure compliance with applicable state election law relating to election canvassing procedures. Among the changes is removal of language directing the canvass of the returns of an election within fifteen (15) days of the election as that currently conflicts with State law. Additionally, the proposed ballot measure would amend the Charter to indicate that Council Member terms shall begin at the hour election results are certified by the City Council and not upon the completion of the canvass as stated currently. A redline of the amended Charter language for Chapter 3.4 is attached for reference (Attachment 4). Written Arguments and Rebuttals The State Elections Code provides regulations for written arguments and rebuttals, including deadlines for submission. Arguments are due no later than November 19, 2024, and rebuttals must be submitted by December 2, 2024. 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 the preparation of an impartial analysis, showing the effect of the measure, by the City Attorney. The impartial analysis is due on the same date as the initial arguments, November 19, 2024. Resolution Adopting Candidate Statement Regulations Elections Code Section 13307 allows candidates to prepare a candidate statement for inclusion in the Official Sample Ballot Booklet. Resolution No. 2024-024 is presented adopting regulations regarding candidate statements submitted to voters. This resolution updates regulations in compliance with State law but maintains City past practices with regard to candidate statements and costs. This resolution will apply to the April 8, 2025 election and future elections and this action will repeal Resolution No. 2014-64. Resolution Requesting County Services Resolution No. 2024-025 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. 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. As in the past, City Hall hours can receive voted ballots during regular business hours for the convenience of the public. Nomination Period The nomination period begins December 16, 2024, 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 13, 2025. If the incumbent fails to file, the nomination period will be extended to January 21, 2025. Fiscal Impact The fiscal impact is estimated at $30,000. Sufficient funds are available in General Fund, City Clerk Department, Election Costs Account No. 011-010-125-529300 for the current fiscal year. Attachments 1. Resolution No. 2024-023 Calling and Giving Notice of Election 2. Resolution No. 2024-024 Candidate Statement Regulations 3. Resolution No. 2024-025 Requesting County Services 4. Charter Amendment Redline RESOLUTION NO. 2024-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON REPEALING RESOLUTION NO. 2014-64 AND ADOPTING REGULATIONS REGARDING CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS IN ANY GENERAL MUNICIPAL OR SPECIAL MUNICIPAL ELECTION SECTION 1. Recitals. A. 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. B. On October 21, 2014, the City Council adopted Resolution No. 2014-64 adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at any general municipal or special municipal election. C. The City Council desires to repeal Resolution No. 2014-64 and adopt updated regulations regarding candidate statements submitted to the voters at any general municipal or special municipal election. 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 finds and determines that the above recitals are true and correct. SECTION 3. GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for nonpartisan elective office to be voted for in future elections to be held in the City of Vernon 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. Except as provided in Elections Code Section 13309, 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. Resolution No. 2024-024 Page 2 of 4 _______________________ SECTION 4. FOREIGN LANGUAGE POLICY. A. Pursuant to the Federal Voting Rights Act, the City is required to translate candidate statements into Spanish and Korean. B. The City Clerk shall: 1. Translations – have all candidate statements translated into the languages specified in (A) above. 2. Printing – (a) Print an English only voter pamphlet to be mailed to all voters. (b) Print any translations of statements of candidates who so request printing in the main voter pamphlet. (c) Print all translations of all candidate statements pursuant to (A) above, in facsimile voter pamphlets. (d) Have all translations made available upon request in the Office of the City Clerk. SECTION 5. PAYMENT. A. Translations. 1. The candidate shall not be required to pay for the cost of translating the candidate’s statement into any required foreign language as specified in (A) of Section 4 above pursuant to Federal and/or State law. 2. The candidate shall not be required to pay for the cost of translating the candidate’s statement into any foreign language that is not required as specified in (A) of Section 4 above, pursuant to Federal and/or State law, but is requested as an option by the candidate. B. Printing. 1. The candidate shall be required to pay for the cost of printing the candidate’s statement in English in the Official Sample Ballot Booklet. 2. The candidate shall be required to pay for the cost of printing the candidate’s statement in Spanish in the Official Sample Ballot Booklet. Resolution No. 2024-024 Page 3 of 4 _______________________ The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statement filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate who is 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’s pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. In the event of the overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election or upon receipt of County invoices. SECTION 6. MISCELLANEOUS. A) All translations shall be provided by professionally certified translators. B) The City Clerk shall allow standard formatting to the same extent and manner as allowed in previous City elections. C) The City Clerk shall comply with the recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters related to elections. SECTION 7. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information pamphlet. SECTION 8. That 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. SECTION 9. All resolutions or parts of resolutions, specifically Resolution No. 2014-64 not consistent with or in conflict with this resolution are hereby repealed. / / / / / / Resolution No. 2024-024 Page 4 of 4 _______________________ SECTION 10. The Deputy City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED November 5, 2024. ________________________ JUDITH MERLO, Mayor ATTEST: YONNIE PARKER, Deputy City Clerk (seal) APPROVED AS TO FORM: ZAYNAH N. MOUSSA, City Attorney RESOLUTION NO. 2024-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 8, 2025 SECTION 1. Recitals. A. A General Municipal Election will be held in the City of Vernon on April 8, 2025. 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 to the County 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. 2024-025 Page 2 of 2 _______________________ SECTION 5. The Deputy City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED November 5, 2024. _____________________________ JUDITH MERLO, Mayor ATTEST: _______________________________ YONNIE PARKER, Deputy City Clerk (seal) APPROVED AS TO FORM: ______________________________ ZAYNAH N. MOUSSA, City Attorney Vernon City Charter Proposed Amendments – Redline Redlines below reflect only those portions of the Charter that are proposed to be amended. Article III. City Council Amendment to City Council Reorganization CH: 3.5. Mayor. At the Council meeting at which any Council Member is installed following a regular municipal election, and at any time when there is a vacancy in the office of Mayor, the position of Mayor shall be filled by the Council Member entering the fifth (last) year of their Council seat’s term. by twhose election immediately followed the election of the prior Mayor. For the first year after passage of the Charter Amendment establishing this automatic rotation appointment process, the position of Mayor shall be filled by the Council Member who has served on the City Council for the longest period of time within their respective current terms.In the event any Council Member scheduled to be Mayor is unable or desires not to be Mayor, the position of Mayor shall be filled by the Council Member entering the fourth year of their Council seat’s term, and so on in descending order if necessary. who was elected to the City Council in the year immediately following that person. CH: 3.6. Mayor Pro Tempore. At the time that a Mayor is appointed, the position of Mayor Pro Tempore shall be filled by the the Council Member Council Member entering the fourth year of their Council seat’s term.whose election immediately followed that of the newly appointed Mayor. For the first year after passage of the Charter Amendment establishing this automatic rotation appointment process, the position of Mayor Pro Tempore shall be filled by the Council Member who has served on the City Council for the next-to-longest period of time within their respective current terms.In the event any Council Member scheduled to be Mayor Pro Tempore is unable or desires not to be Mayor Pro Tempore, the position of Mayor Pro Tempore shall be filled by the Council Member entering the third year of their Council seat’s term, and so on in descending order if necessary. who was elected to the City Council in the year immediately following that person. Amendment to Election Canvass CH: 3.4. Election and terms. The City Council shall be the final judge of election results and the qualifications of its members. The City Council shall canvass the returns of an election beginning on the first Tuesday following a City Council election and continue such canvass in the time, form, and manner required by the City Charter, Vernon Municipal Code, and the general laws of the State governing municipal elections. or such other date within fifteen days of the election as may be provided by ordinance. The terms of each elected Council-memberCouncil Member shall begin at the hour the election results are certified by the City Council. of the completion of the canvass of the election returns. In the absence of death, removal from office or disqualification, each Councilmember Council Member shall serve until expiration of his or her term and until a successor qualifies.