This Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Any person who has a question concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200.
Procedures for Addressing the Council
IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL SUBMIT YOUR COMMENTS IN ADVANCE TO [email protected] OR FILL OUT A FORM
PROVIDED AT THE PODIUM, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL.
AGE N D A
City Council Special Mee ting
TO BE HE L D ON
January 26, 2023
CO U N C I L C H A MB ERS - 11350 BULLI S RD. LY NWOOD, CA 90262 or We b confe rence via ZOO M - To participate v ia Zoom or by telephone : 1-669-900-9128 or 1-253-215-8782 Mee ting I D: 835 2029 8238
Duly Poste d on 1/25/2023 By MQ
6:00 PM
1.C ALL TO OR D ER
2.C E R T IF IC ATION OF AGE N D A P OS T IN G B Y C ITY C LER K
3.R OL L C AL L OF C OU N C IL ME MB E R S
O scar F lores, Mayor
R ita S oto, Mayor P ro Tem
Gabriela C amacho, C ouncil Member
Juan Munoz-Guevara, C ouncil Member
Jos e Luis S olache, C ouncil Member
4.P L E D GE OF AL LEGIAN C E
5.IN V OC AT ION
P U B L IC OR AL C OMMU N IC AT ION S
(Regarding Agenda Items Only)
C IT Y C OU N C IL OR AL AN D WR IT T E N C OMMU N IC AT ION
N E W/OLD B U S IN E S S
6.AP P OIN TMEN T OF C IT Y T R E AS U R E R
Comments:
The C ity Treasurer position has become vacant with the electi on of Gabriela C amacho to the C i ty City Council Special Meeting - Page 1 of 7
C ounci l. Under Government C ode S ection 36512(b), the C ity must either appoint or call for a speci al election to fill the vacancy.
On D ecember 6, 2022, the C ity C ouncil directed that the C ity Treasurer vacant posi ti on be advertised through January 2, 2023. A ppli cants were asked to submit a C ity applicati on, letter of i nterest, resume and/or biography. The deadline for applications was set for 5:00 pm on J anuary 2, 2023. There were a total of five (5) applicants.
On Tuesday, J anuary 24, 2023, the assigned A d Hoc C ommittee held interviews.
Recommendation:
D iscuss and consider appointment of one of the five candi dates to be C ity Treasurer by adopti ng a resolution to fill the unexpired term of former C ity Treasurer Gabriela C amacho.
7.C IT Y C OU N C IL OR AL AN D WR IT T E N C OMMU N IC AT ION
8.S TAFF OR AL C OMME N T S
AD J OU R N ME N T
THE NE X T RE G U L A R ME E TING W IL L B E H E L D ON F E B R U A RY 7, 2023 AT 6:00 P.M. IN THE C OUNC IL C H A M B E R S O F THE C ITY HA L L A N N E X , 11350 B UL L IS RO A D , C ITY OF LYNW O OD , C A L IF ORNIA .
City Council Special Meeting - Page 2 of 7
A genda I tem # 6.
AGENDA STAF F REPORT
D AT E: J anuary 26, 2023
TO: Honorable Mayor and Members of the C i ty C ouncil
AP P R OV E D B Y: E rnie Hernandez, C ity Manager
P R E PAR E D B Y: Maria Quinonez, C ity C lerk
Nancy B linzler, Office A ssistant
S ilvia P ineda, A ssistant to the C ity C lerk
S U B J E C T: A P P O INTM E NT OF C ITY TR E A S URE R Recommendation:
D iscuss and consider appointment of one of the five candi dates to be C i ty Treasurer by adopting a resolution to fill the unexpired term of former C ity Treasurer Gabriela C amacho.
Background:
The C ity Treasurer position has become vacant with the election of Gabriela C amacho to the C ity C ouncil. Under Government C ode S ecti on 36512(b), the C ity must either appoint a person or call for a special election to fill the vacancy:
"If a vacancy oc curs in an elective office provided for in this c hapter, the council shall, within 60 days from the commencem ent of the vacancy either fill the vac anc y by appointment or call a special election to fill the vac ancy. The special election shall be held on the next regularly establis hed election not less than 114 days from the call of the special election. A pers on appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent."
The vacancy commenced when the C ity Treasurer took the oath of office as a C ouncil Member. However, if the C ity C ouncil does not appoi nt a replacement by the 60-day deadline, then i t must call for a special election to fill the vacancy. (Government C ode S ection 1770, 36512).
Discussion and Analysis:
The Lynwood Municipal C ode does not include an appointment process for filling vacancies in elective offi ces.
However, state law places some limi tations on the appointment process. Government C ode S ection 36502(a) states:
"A person i s not eligible to hold office as counci lmember, city clerk, or city treasurer unless he or she is at the time City Council Special Meeting - Page 3 of 7
of assuming the offi ce, an elector of the city, and was a registered voter of the city at the time nomination papers are issued to the candidate as provided for in S ection 10227 of the E lection C ode."
"If, during hi s or her term of office, he or she moves his or her place of residence outside of the city limits or ceases to be an elector of the city, his or her office shall immediately become vacant."
A ny appoi ntee to the C ity Treasurer position must be a Lynwood resident and registered to vote in Lynwood.
On J anuary 17, 2023, the C ity C ouncil decided at its Regular meeting to appoint an ad hoc commi ttee to i nterview candidates for the unexpired term of the C i ty Treasurer; and schedule a S pecial meeti ng to be determi ned at a future date to appoint one of the fi ve candidates to be C ity Treasure by adopting a resolution to fill the unexpi red term of former C ity Treasurer Gabriela C amacho.
The following candidates have submitted their application for the pos ition of C ity Treasurer:
1. J orge C asanova
2. L uis Gerardo C uellar
3. Rebecca C astro
4. Yolanda Rodri guez Gonzalez
5. L inda M. George
O n Tuesday, January 24, 2023, the assigned Ad Hoc C ommittee held interviews and will make its recommendation to the C ity C ouncil at a special meeting scheduled for Thursday, January 26, 2023, at 6 P M.
The C ity C ouncil must appoint someone as C ity Treasurer or call for a special election to fill the vacant C i ty Treasurer posi ti on by F ebruary 4, 2023.
Fiscal Impact:
N/A
Coordinated With:
C ity Manager's Offi ce
C ity C lerk's Office
AT TAC H ME N T S:
Description
Resolution No. 2023.004
City Council Special Meeting - Page 4 of 7
RESOLUTION NO. 2023.004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPOINTING __________________ AS THE CITY TREASURER TO FILL THE
UNEXPIRED TERM OF FORMER CITY TREASURER GABRIELA CAMACHO
WHEREAS, the City Treasurer position has become vacant with the election of Gabriela Camacho to the City Council; and
WHEREAS, Government Code Section 36512(b) states that the City Council must either appoint a person or call for a special election within 60-days of the position becoming vacant; and
WHEREAS, on December 20, 2022, the City Council decided at its Regular meeting to appoint a registered voter to be City Treasurer for the unexpired term of Gabriela Camacho and directed that the position be advertised through January 2, 2023; and
WHEREAS, the City received a total of 5 applications for City Treasurer; and
WHEREAS, on January 17, 2023, the City Council decided at its Regular meeting to appoint an Ad Hoc Committee to interview candidates for the unexpired term of the City Treasurer; and schedule a Special meeting to be determined at a future date to appoint one of the five qualified candidates to be City Treasurer by adopting a resolution to fill the unexpired term of former City Treasurer Gabriela Camacho; and
WHEREAS, on Tuesday, January 24, 2023, the assigned ad hoc committee held interviews and will make its recommendation to the City Council at a special meeting scheduled for Thursday, January 26, 2023, at 6 PM; and
WHEREAS, the statutory 60-day period to appoint a City Treasurer began December 6, 2022 and ends on February 4, 2023; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.
Section 2. The City Council appoints ___________, as City Treasurer to fill the unexpired term of former City Treasurer Gabriela Camacho conditioned upon the verification of the appointee’s eligibility to serve.
City Council Special Meeting - Page 5 of 7
Section 3. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.
Section 4. This Resolution shall take full force and effect immediately upon adoption by the City Council.
Section 5. The City Clerk shall certify as to the adoption of this City Council Resolution.
PASSED, APPROVED and ADOPTED this 26th day of January, 2023.
____________________________
Oscar Flores, Mayor
ATTEST:
____________________________
Maria Quinonez, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ ___________________________ Noel Tapia, City Attorney Ernie Hernandez, City Manager
City Council Special Meeting - Page 6 of 7
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, Maria Quiňonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 26th day of January 2023.
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
___________________________
Maria Quiňonez, City Clerk
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, Maria Quiňonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2023.004 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 26th day of January 2023.
___________________________
Maria Quiňonez, City Clerk
City Council Special Meeting - Page 7 of 7