LOCATION:
El Monte City Hall – East
City Council Chambers
11333 Valley Boulevard
El Monte, CA 91731
DATE AND TIME:
Monday,
January 27, 2025
6:00 p.m.
SPECIAL MEETING AGENDA
OF THE
CITY COUNCIL OF THE CITY OF EL MONTE
MEETING JOINTLY AND REGULARLY WITH THE EL MONTE HOUSING AUTHORITY; EL MONTE PUBLIC FINANCING AUTHORITY; EL MONTE WATER AUTHORITY; EL MONTE PARKING AUTHORITY; SUCCESSOR AGENCY TO THE FORMER EL MONTE COMMUNITY REDEVELOPMENT AGENCY; HOUSING SUCCESSOR AGENCY; AND, FROM TIME TO TIME, SUCH OTHER BODIES OF
THE CITY WHOSE MEMBERSHIP IS COMPOSED EXCLUSIVELY OF THE MEMBERSHIP OF THE CITY
COUNCIL
COUNCILMEMBERS/AUTHORITY MEMBERS:
Jessica Ancona, Mayor
♦ Marisol Cortez, Mayor Pro Tem ♦ Sheila Crippen-Thomas, Councilmember ♦ Cindy Galvan, Councilmember ♦ Martin Herrera, Councilmember ♦ Viviana Longoria, Councilmember ♦ Dr. Julia Ruedas, Councilmember
This meeting is a Special Meeting within the meaning of Government Code Section 54956 and as such public comment is limited to the item(s) of business appearing on the Special Meeting agenda only.
Members of the public may address the City Council (i) on agendized closed session items of business prior to the City Council going into closed session; (ii) on items of business listed under the heading Public Hearings when the public hearing on the item the speaker wishes to speak on is opened; and/or (iii) on all other items appearing on the Special Meeting agenda. The City Council shall be under no obligation to entertain comments from persons who (i) submit a speaker card after the City Council closes the applicable commenting period. With this in mind, speakers are strongly encouraged to submit cards as early as possible to avoid missing the opportunity to speak. Speaker cards should be submitted to the City Clerk or the Sergeant at Arms (a uniformed El Monte Police Officer) before the City Council’s approval of the agenda, if possible.
The City Council shall be under no obligation to respond to or deliberate upon any specific questions or comments posed by a speaker or take action on any i ssue raised by a speaker beyond such action as the City Council may be lawfully authorized to take on an agendized matter pursuant to the Brown Act (Govt.
Code Section 54950 et seq.) (“Brown Act”) Members of the City Council may provide brief clarifying City Council Special Meeting of January 27, 2025
El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Parking Authority ♦ El Monte Water Authority
responses to any comment made or questions posed. Persons who wish to address the City Council are asked to state their name and address for the record. Speakers may not lend any portion of their speaking time to other persons or borrow additional time from other persons. All comments or queries presented by a speaker shall be addressed to the City Council as a body and not to any specific member thereof. No questions shall be posed to any member of the City Council except through the presiding official of the meeting, the Mayor and/or Chair. The City Council may not engage in any sort of prolonged discussion or deliberation with any speaker or group of speakers on matters that are not listed on this agenda, nor may the City Council take action an any non-agendized items of business, except as specifically authorized under the Brown Act.
Enforcement of Decorum: The Chief of Police, or such member, or members of the Police Department as the Chief of Police may designate, shall serve as the Sergeant-at-Arms of any City Council meeting. In accordance with Government Code Section 54957.95 as adopted under SB 1000, the Sergeant-at-Arms shall carry out all orders and instructions given by the presiding official for the purpose of maintaining order and decorum at the meeting. While members of the public are free to level criticism of City policies and the action(s) or proposed action(s) of the City Council or its members, members of the public may not engage in behavior that is disruptive to the orderly conduct of the proceedings, including, but not limited to, conduct that prevents other members of the public from being he ard when it is their opportunity to speak or which prevents members of the audience from hearing or seeing the proceedings; speaking off topic or speaking beyond the speakers allotted time limit. Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpr eted as an imminent threat of physical harm. All persons participating in the meeting must adhere to the City’s policy barring harassment based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, sexual orientation, or age.
Instruction regarding accommodation under the Am ericans with Disabilities Act can be found on the last page of this Agenda.
1. CALL TO ORDER:
2. ROLL CALL FOR CITY COUNCIL AND AUTHORITY BODIES:
Jessica Ancona, Mayor/Chair
Marisol Cortez, Mayor Pro Tem/Authority Member
Sheila Crippen-Thomas, Councilmember/Authority Member
Cindy Galvan, Councilmember/Authority Member
Martin Herrera, Councilmember/Authority Member
Viviana Longoria, Councilmember/Authority Member
Dr. Julia Ruedas, Councilmember/Authority Member
3. APPROVAL OF AGENDA:
City Council Special Meeting of January 27, 2025
El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Parking Authority ♦ El Monte Water Authority
4. CLOSED SESSION:
This is the time set aside for interested members of the public to address the City Council on agendized Closed Session matters. Subject to the commenting procedures described above, the City Council will allow interested members of the public to address the City Council on agendized Closed Session matters prior to holding Closed Session. Each speaker will be given a single speaker time allotment of three (3) continuous m inutes total to address the Council on any or all closed session items of business. The City Council shall be under no obligation to recognize a speaker who submits a speaker card after the City Council has gone into Closed Session.
4.1 Closed Session Pursuant to Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – One (1) Matter.
5. INVOCATION: City Council.
6. FLAG SALUTE: City Council.
7. SPECIAL MEETING PUBLIC COMMENT REGARDING AGENDIZED MATTERS ONLY:
As provided under Government Code Section 54954.3, this time has been set aside for persons in the audience to provide comment or make inquiries on matters appearing on this Special Meeting agenda only. Although no person is required to provide their name and address as a condition to attending a meeting, persons who wish to address the body are asked to state their name and address. Each speaker will be limited to three (3) continuous minutes. Speakers may not lend any portion of their speaking time to other persons or borrow additional time from other persons. All comments or queries presented by a speaker shall be addressed to the body as a whole and not to any specific member thereof. No questions shall be posed to any member of the body except through the presiding official of the meeting, members of the body are under no obligation to respond to questions posed by speakers but may provide brief clarifying responses to any comment made or questions posed. The body may not engage in any sort of prolonged discussion or deliberation with any speaker or group of speakers on matters that are not listed on this Special Meeting agenda.
Enforcement of Decorum: The Chief of Police of the City of El Monte, or such member, or members of the Police Department as the Chief of Police may designate, shall serve as the Sergeant-at-Arms of the meeting. The Sergeant-at-Arms shall carry out all orders and instructions given by the presiding official for the purpose of maintaining order and decorum at the meeting. While members of the public are free to level criticism of policies and the action(s) or proposed action(s) of the body or its members, members of the public may not engage in behavior that is disruptive to the orderly conduct of the proceedings, including, but not limited to, conduct that prevents other members of the public from being heard when it is their opportunity to speak or which prevents members of the audience from hearing or seeing the proceedings.
City Council Special Meeting of January 27, 2025
El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Parking Authority ♦ El Monte Water Authority
Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpreted as an imminent threat of physical harm. All persons attending the meeting must adhere to policies barring harassment based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, sexual orientation or age.
8. REGULAR AGENDA:
8.1 City Council Interviews of Applicants to Fill Current City Treasurer Vacancy and Possible Approval of a Resolution Appointing a Successful Applicant to the Office of City Treasurer Pursuant to Government Code Section 36512.
RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION:
It is recommended that the City Council:
1. Confirm format for conducting City Council interviews;
2. Interview candidates in alphabetical order, allowing each candidate to first make an introductory statement of no more than three (3) minutes;
3. After completing all interviews, do one (1) of the following:
a. Entertain motions for the nomination of one (1) or more candidates to fill the vacancy and upon the completion of nominations vote on each candidate in the order they were nominated with the first candidate to receive four (4) or more votes being appointed to fill the vacancy by City Council Resolution; or b. Move to continue the proceedings to another date wherein nominations will be made and nominees will be voted on, provided such date is no later than the February 4, 2025 deadline for filing the vacancy by appointment; or c. Solicit additional applications by extending the nomination period, provided that the appointment process under such extension may still be completed by or before February 4, 2025; and
4. Provide such other direction to City staff as deemed necessary or desirable.
NOTE: If an applicant is appointed, the Oath of Office will be administered by the City Clerk immediately following the appointment.
Total Cost: N/A Account No: N/A
Is the cost of this item budgeted? N/A
Resolution No. 10589
City Council Special Meeting of January 27, 2025
El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Parking Authority ♦ El Monte Water Authority
9. ADJOURNMENT:
The next Regular Meeting of the City Council will be held on February 12, 2025 at 6:00 p.m. This Agenda will be posted on the City’s website, www.ci.el-monte.ca.us, and physically posted no less than 72 hours prior to the start of the subject regular meeting. Alt hough it is the City’s practice and desire to electronically post a copy of this Agenda along with supporting material as part of its website posting, the size or formatting of certain supporting materials may render their website posting infeasible. Nevertheless, all supporting materials related to any item on this Agenda, that is made available to the members of the council may be inspected by members of the public at the City Clerk’s Office located at 11333 Valley Boulevard, El Monte, Monday through Thursday, 7:00 am – 5:30 pm. For more information, please call the City Clerk’s Office at 626-580-2016.
All public meetings and events sponsored or conduc ted by the City of El Monte are held in sites accessible to persons with disabilities. Requests for accommodations may be made by calling the office of the City Clerk at (626) 580-2016 at least three (3) working days prior to the event, if possible.
This Agenda and copies of documents distributed at the meeting are available in alternative formats upon request.
Posted: January 26, 2025 at 3:30 p.m.
CITY OF EL MONTE
OFFICE OF THE CITY ATTORNEY
CITY COUNCIL AGENDA REPORT
CITY COUNCIL SPECIAL MEETING OF JANUARY 27, 2025
January 25, 2025
Honorable Mayor and City Council
City of El Monte
11333 Valley Boulevard
El Monte, CA 91731
Dear Mayor and City Council:
CITY COUNCIL INTERVIEWS OF APPL ICANTS TO FILL CURRENT CITY
TREASURER VACANCY AND POSSIBLE APPROVAL OF A RESOLUTION
APPOINTING A SUCCESSFUL APPLICANT TO THE OFFICE OF CITY TREASURER PURSUANT TO GOVERNMENT CODE SECTION 36512
IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Confirm format for conduc ting City Council interviews;
2. Interview candidates in alphabetical order, allowing each candidate to first make an introductory statement of no more than three (3) minutes;
3. After completing all interviews, do one (1) of the following:
a. Entertain motions for the nomination of one (1) or more candidates to fill the vacancy and upon the completion of nominations vote on each candidate in the order they were nominated with the first candidate to receive four (4) or more votes being appointed to fill the vacancy by City Council Resolution; or
b. Move to continue the proceedings to another date wherein nominations will be made and nominees will be voted on, provided such date is no later than the February 4, 2025 deadline for filing the vacancy by appointment; or c. Solicit additiona l applications by extending the nomination period, provided that the appointment process under such extension may still be completed by or before February 4, 2025; and
4. Provide such other direction to City staff as deemed necessary or desirable.
8.1 HONORABLE MAYOR AND CITY COUNCIL
JANUARY 25, 2025
PAGE 2
BACKGROUND
A. Creation of Vacancy and Timeline for Appointment
On December 6, 2024, a vacancy was created within the office of El Monte City Treasurer when the then City Treasurer Viviana Longoria was sworn in to become Councilmember Longoria. The vacated City Council Treasurer seat has a 2-year unexpired balance remaining on its 4-year term.
The City Council has until February 4, 2025 to either: (1) fill the vacancy by appointment; or (2) call a special election to fill the vacancy. If the City Council fails to act by February 4, 2025, a special election is automatically required by State law.
If the City Council were to fill the vacancy by appointment, the appointee would serve the entire unexpired 2-year balance of the term of the vacated seat without having to run for re-election until November 2026.
1 The appointee must be 18 years of age and a
registered voter and resident of the City of El Monte in order to be eligible for appointment.
B. Interview Process
The City Council has fairly br oad discretion in formulating a process for selecting an appointee. The only clear restriction is that if a quorum of the City Council meets to conduct interviews of prospective appointees, then the interviews must be conducted in public as part of a duly noticed City Council meeting.
2 At its meetings of December 17, 2024 and January 8, 2025, the City Council directed staff with respect to the creation of the vacancy application which was made available to the public with a January 22, 2025 subm ission deadline. A total of eight (8) applicants were received. (Copies of all eight (8) submitted applications are attached to this Staff Report as ATTACHMENT 1).
Under the terms of the application each applic ant shall be afforded a maximum of three (3) minutes to make an opening statement followed by questioning from Councilmembers.
Once all applicants have been interviewed, the Mayor may entertain a motion to: (i) vote to appoint a candidate that same day; (ii) defer the vote to a future meeting date; or (iii) extend the application period to solicit additional applications. The City Council also reserves the right to forgo making an appointment and instead call a special election.
1 Government Code Section 36512 allows City Council to approve an ordinance that provides that an appointee only serves until a successor is elected at a special election held to fill the vacated seat. The City Council would need to pass an urgency ordinance no later than February 4, 2025 in order to accomplish this. 2 Elected officials are expressly excluded from provisions of the Government Code Section 54957 which allow the City Council to consider the appointment of a “public employee” in closed sessi on. Subsection (b)(4) of Section 54957 provides that “elected officials” are not considered “employees” for purposes of this provision of the Brown Act. The City Council could appoint less than a qu orum of its members to serve as an ad hoc committee charged with, among other things, interviewing candidates and making recommendations on the appointment. The interviews conducted by the ad hoc committee could be conducted in without the public being present. The final action to appoint must be made in open session, however.
HONORABLE MAYOR AND CITY COUNCIL
JANUARY 25, 2025
PAGE 3
FISCAL IMPACT/FINANCING
The fiscal impact of filling the current City C ouncil vacancy by appointment is effectively $0.00.
RECOMMENDATION
It is recommended that the City Council:
1. Confirm format for conduc ting City Council interviews.
2. Interview candidates in alphabetical order , allowing each candida te to first make an introductory statement of no more than three (3) minutes.
3. After completing all interviews, do one (1) of the following:
Entertain motions for the nomination of one (1) or more candidates to fill the vacancy and upon the completion of nominations vote on each candidate in the order they were nominated wit h the first candidate to re ceive four (4) or more votes being appointed to fill the vacancy by City Council Resolution; or Move to continue the pr oceedings to another date wherein nominations will be made and nominees will be vot ed on, provided such date is no later than the February 4, 2025 deadline for filing the vacancy by appointment; or Solicit additional applications by extendi ng the nomination period, provided that the appointment process under such ext ension may still be completed by or before February 4, 2025.
4. Provide such other direction to City staff as deemed necessary or desirable.
HONORABLE MAYOR AND CITY COUNCIL
JANUARY 25, 2025
PAGE 4
Respectfully submitted,
ALMA K. MARTINEZ
City Manager
LLOYD PILCHEN
Assistant City Attorney
ATTACHMENTS:
Copies of Submi tted Applications
Resolution Making Appointment
DATE: JANUARY 27, 2025
PRESENTED TO EL MONTE
CITY COUNCIL
CHIEF DEPUTY CITY CLERK
APPROVED
DENIED
PULLED
RECEIVED AND FILE
CONTINUED
REFERRED TO
1 RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL MONTE APPOINTING ______________
TO FILL A VACANCY CRE ATED TO THE OFFICE
OF CITY TREASURER FOLLOWING THE
NOVEMBER 2024 ELECTION CYCLE
WHEREAS, on December 6, 2024, a vaca ncy was created within the Office of El Monte City Treasurer when t hen Treasurer Viviana Longoria was sworn in to become Councilmember Longoria; and
WHEREAS, the vacated City Treasurer seat has a 2-year unexpired balance remaining on its 4-year term; and
WHEREAS, on January 27, 2025, the City Council conducted a Special Meeting wherein a maximum of eight (8) applicants s eeking appointment to the Office of City Treasurer were interviewed in open session by members of the City Council following an application solicitation process that ended on January 22, 2025; and
WHEREAS, at the conclusion of the in terview process, the City Council entertained motions to nominate one or more of the eight (8) applicants interviewed; and
WHEREAS, ______________________________ ___ was nominated by ________________________________, with the nomi nation seconded by ________________________________; and
WHEREAS, ______________________ ____ was approved for appointment to the Office of El Monte Cit y Treasurer pursuant to Gove rnment Code Section 36512 by vote of _____ “Yes”; ____ “No”; _____ “Abstain”; and ________ “Absent” , which appointment was ratified by the concurrent approval of this Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL MONTE AS FOLLOWS:
SECTION 1. Pursuant to Govern ment Code Section 36512
_____________________________ is appointed as the City Treasurer and shall serve for the unexpired term of th e City Treasurer seat formerl y held by Councilmember Longoria.
SECTION 2. The person appointed shall take office effective as of the approval of this Resolution.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of El Monte at a special meeting on this 27th of January, 2025.
2 ______ ________________________
Jessica Ancona, Mayor
City of El Monte
ATTEST:
____________________________
Gabriel Ramirez, City Clerk
City of El Monte
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF EL MONTE )
I, Gabriel Ramirez, City Clerk of the City of El Monte, do hereb y certify that the above and foregoing Resolution No. _________ was passed, approved, and adopted by the City Council of the City of El Monte, signed by the Ma yor and attested by the City Clerk at a special meeting of said City hel d on this 27th day of January, 2025, and that said Resolution was adopted by the following votes to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________ _________________
Gabriel Ramirez, City Clerk
City of El Monte