AGENDA
ADJOURNED MEETING OF THE MAYWOOD CITY COUNCIL AND THE
SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY
REDEVELOPMENT AGENCY
THURSDAY, APRIL 7, 2022 AT 5:00 PM
Maywood City Council Chambers
4319 E. Slauson Avenue, Maywood, CA 90270
www.cityofmaywood.com
I. CALL TO ORDER/ROLL CALL
CALL TO ORDER
ROLL CALL
II. CITY OFFICIALS
MAYOR
Heber Marquez
MAYOR PRO TEM
Frank Garcia
COUNCIL MEMBERS
Eduardo De La Riva
Ricardo Lara
Jessica Torres
CITY CLERK
Vacant
CITY TREASURER
Mary Mariscal
CITY MANAGER
Jennifer E. Vasquez
CITY ATTORNEY
Roxanne Diaz
III. COVID-19 MEETING PROCEDURES
PUBLIC ADVISORY: This meeting will be conducted pursuant to the provisions of Government Code Section 54953(e) (as amended by AB 361), which authorizes teleconferenced meetings under the Brown Act in compliance with Government Code Section 54953(e) during a proclaimed State of Emergency. For this regular meeting, members of the City Council and City Staff are permitted to attend the meeting by teleconference and such teleconference locations are not accessible to the public and are not subject to special posting requirements. Some members of the City Council and staff may attend the meeting at City Hall in the City Council Chambers located at 4319 E. Slauson Avenue. The City Council Chambers, however, will not be open to the Public. The meeting will be broadcast
using the Zoom platform as well as broadcasted live on the City's Facebook page.
To maximize public health and safety while still maintaining transparency and public access, members of the public can observe and participate in the meeting virtually via Zoom or follow the meeting live via the City’s Facebook page. Public participation is highly encouraged using the virtual platform. Below is information on how the public may observe and participate in the meeting.
If you would like to speak on an agenda item, you can access the meeting remotely via zoom :
Join by phone 1-669-900-6833 Enter Meeting ID: 860 3233 3369 Passcode: 214334 OR
Please click the link below to join the webinar:
https://us02web.zoom.us/j/86032333369?pwd=cVl6cHdySUlWaHVRYUk4dExGWGhCQT09 Passcode: 214334
To participate in the meeting by providing public comment via teleconference/video conference:
Live real-time verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public participation period for agenda items or during the public participation period for non-agenda items. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number.
Before the meeting: You can also submit your public comments for the record in advance by 4:30 pm the day of the meeting by email to [email protected]; or if you are unable to email, please call the City Clerk's Office at (323) 562-5714. Your comment will be made part of the written record but will NOT be read verbally at the meeting.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council meeting, please contact the City Clerk’s Office, (323) 562-5714 within 48 hours of the meeting.
IV. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
V. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) Speakers wishing to address the City Council on an item on the agenda may use the instructions provided in section III. COVID - 19 MEETING PROCEDURES on page 1 of this agenda.
VI. PRESENTATIONS
VII. PUBLIC HEARING
VIII. CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council request specific items to be removed from the Consent Calendar for separate discussion or action.
IX. DISCUSSION/ACTION ITEMS
1. DISCUSSION AND RECONSIDERATION OF THE CIRCUMSTANCES OF THE COVID-19 STATE OF EMERGENCY AND DETERMINE THAT THE CITY WILL
CONTINUE TO HOLD MEETINGS VIA TELECONFERENCING AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54953(e)(3).
2. DISCUSSION AND DIRECTION REGARDING FILLING THE CITY CLERK VACANCY PURSUANT TO GOVERNMENT CODE SECTION 36512 CAUSED BY A
RESIGNATION
X. CLOSED SESSION
XI. PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) Speakers wishing to address the City Council on a non- agenda item you may use the instructions provided in section III. COVID - 19 MEETING PROCEDURES on page 1 of this agenda.
XII. ADJOURNMENT - The next Regular Meeting of the Maywood City Council is Wednesday, April 13, 2022 at 7:00 p.m.
PUBLIC ACCESS TO MEETING AGENDA AND AGENDA PACKETS
I, _______________________________, Shirley Quinones, Deputy City Clerk, hereby certify that this agenda was duly posted by law at 4319 E.
Slauson Avenue, Maywood, CA 90270 and the City Website. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the Maywood City Hall, 4319 E. Slauson Avenue, Maywood CA 90270.
If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to rising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting. In compliance with the ADA, if you need special assistance for the meeting, call (323) 562-5723 within 72 hours prior to the meeting so the City can make reasonable arrangements to ensure accessibility.
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 1.
DATE: April 7, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: SHIRLEY QUINONES, EXECUTIVE ASSISTANT/DEPUTY CITY CLERK SUBJECT: DISCUSSION AND RECONSIDERATION OF THE CIRCUMSTANCES OF THE COVID-19 STATE OF EMERGENCY AND DETERMINE THAT THE CITY WILL
CONTINUE TO HOLD MEETINGS VIA TELECONFERENCING AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54953(e)(3).
RECOMMENDATION:
Staff recommends that the City Council adopt a motion finding that the state of emergency continues to directly impact the ability of the members of the City’s legislative bodies to meet safely in person, and that State and County of Los Angeles officials continue to recommend measures to promote social distancing and therefore, the legislative body meetings of the City shall continue in a virtual teleconference format in compliance with Government Code Section 54953(e).
BACKGROUND:
The City Council has met remotely throughout the pandemic to protect the health and safety of the public and staff. Since the March 9, 2022 City Council meeting when this item was discussed, the BA.2 subvariant is now the dominant version of the coronavirus that is circulating nationwide and the factual circumstances exist for the City's legislative bodies to continue to hold meetings pursuant to AB361.
DISCUSSION:
As the City Council may recall, the Omicron variant took over during the holidays into the beginning of the year and became more prominent than the Delta variant. Now that those two variants have subsided, the subvariant BA2, which is sometimes referred to as the "stealth omicron" and is a subvariant of Omicron, now accounts for 86% of the new COVID cases and is being watched closely in California and in several counties.
In fact, on March 29th, the FDA and the CDC authorized an additional COVD-19 booster shot for people aged 50 and older, as a step to offer extra protection for the most vulnerable in case the coronavirus rebounds.
Los Angeles reported 530 new positive cases on April 4 and, over the weekend, reported 734 cases on Sunday and 1,135 cases on Saturday. While cases are still low from previous months, County Health is underscoring the need for continued caution. Dr. Ferrer has stated: "Given the increased risk for spread of BA.1, it is important that we take steps to maximize protection against spread." It warrants reminder that since the last time this item was considered by the City Council, the mask mandate wa lifted and mask-wearing remains optional. Nevertheless, the highly infectious BA.2 subvariant is increasing in Los Angeles County and County Health is urging residents to continue to follow all safety protections, especially residents and workers at elevated risk of severe illness.
To that end, the State of California and the County of Los Angeles have continued to recommend measures to promote social distancing. The California Division of Occupational Safety and Health still requires that employers provide training on the effectiveness of physical distancing in the workplace. Cal OSHA Emergency Temporary Standards continue to recognize the importance of social distancing and state that the fact that particles containing the virus can travel more than six feet, especially indoors, training and instruction should be given to employees in that regard as well as inform that physical distancing, face coverings, increased ventilation indoors, and respiratory protection decrease the spread of COVID-19 and are most effective when used in combination.
Additionally, the Los Angeles County Department of Public Health continues to recommend that employers take steps to reduce indoor crowding and to enable employees and visitors to physically distance themselves from each other. Accordingly, based on the additional research conducted since the last City Council meeting, the factual circumstances exist for the City’s legislative bodies to continue to hold meetings pursuant to AB 361.
The flexibility of a virtual format will allow the continuation of the City’s business so that Council meetings would not have to be cancelled should members have health concerns or are sick and would provide the flexibility for each member of a legislative body to determine for themselves based on their own health matters whether attending a meeting will be a risk to their health and safety or that of the other attendees. By reconsidering the circumstances of the state of emergency created by the COVID-19 pandemic and finding that the state of emergency continues to directly impact the ability of the members to meet safely in person, and that state and local officials continue to recommend measures to promote social distancing, the public meetings of the City can continue to be conducted by teleconference (i.e. Zoom) for the next 30 days pursuant to Section 54953(e)(3).
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no financial impact if the City Council makes the determination under AB 361 as the City has been meeting in a remote format since the onset of the pandemic in March 2020.
ATTACHMENT(S)
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 2.
DATE: April 7, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: JENNIFER VASQUEZ, CITY MANAGER
SUBJECT: DISCUSSION AND DIRECTION REGARDING FILLING THE CITY CLERK VACANCY PURSUANT TO GOVERNMENT CODE SECTION 36512 CAUSED BY A
RESIGNATION
RECOMMENDATION:
Staff recommends that the City Council provide staff with direction as to how to continue with the filling of the city clerk vacancy.
BACKGROUND:
Elected City Clerk Flor Aguiluz submitted a letter of resignation to the City Manager as she will be moving out of the City of Maywood. The effective date of her resignation was March 1, 2022. Pursuant to Government Code Section 1770(c), City Clerk Aguiluz’s resignation created a vacancy of the elected City Clerk position.
Government Code Section 36512(b) outlines the options for the City Council with regard to the vacancy.
Government Code 36512(b) is the relevant code section and provides as follows: “If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy.” The 60th day following the vacancy date is April 30, 2022.
DISCUSSION:
The City Council directed staff to advertise the vacancy and an application for the seat. The advertisement/application was advertised on March 14, 2022 with the deadline of April 1, at 4:00p.m. The Deputy City Clerk received 2 applications.
LEGAL REVIEW:
The City Attorney has reviewed this staff report.
FISCAL IMPACT:
There is no fiscal impact involved with this action.
ATTACHMENT(S)
1. APPLICATION PACKET FOR CITY CLERK
2. Andrea Aguilar - City Clerk Application 2022
3. Angelina Martinez - City Clerk Application 2022-1
ELECTED CITY CLERK APPOINTMENT
APPLICATION
The City Clerk attends all meetings of, and serves as the secretary of record for, all regular, adjourned and special City Council meetings (regularly meets the 2nd & 4th Wednesday of each month at 7pm). The City Clerk is responsible for keeping accurate minutes of such proceedings. The City Clerk position is an elected, parttime position. The candidate appointed to fill the vacant seat will serve as the City Clerk until the next General Municipal Election to be held on November 8, 2022.
To qualify for this appointment, applicant
Must be a resident within the incorporated City of Maywood City limits (MMC §9-1.02) Must be registered to vote
Must submit annual conflict of interest statements and biennial Ethics Training certification Application Process
To apply for appointment, you must complete and submit an Appointment Application.
1. Those interested in applying for appointment of City Clerk may obtain an Application from the City Clerk’s Department, 4319 E. Slauson Ave., Maywood, or by downloading it from the City’s web site:
www.cityofmaywood.org.
2. Completed applications must be submitted to the Deputy City Clerk in person at City Hall or by mail delivery by Friday, April 1, 2022.
3. All requested information must be furnished on the application itself. Resumes, attachments, and other supporting documentation should be included but cannot be substituted for an application.
Eligibility
1. Applicants must meet all requirements of the City Clerk at the time their application is submitted as well as during their entire term of service.
Disclosure and Regulatory Requirements and Non-Compliance Conflict of Interest Disclosure
In compliance with state law, appointed officials are required to file a Statement of Economic Interests upon appointment to office, and annually thereafter. If appointed, will be required to make information available as to any potential conflict of interest arising from business/affiliations where that affiliation or business may be doing business with the City of Maywood, or any decisions taken by the City of Maywood that may influence that business or affiliation.
Disclosure and Regulatory Requirements and Non-Compliance (Cont.) Page 2 Mandatory Ethics Training (Government Code §53234, et seq.) Following California State Law, all appointments, past, present, and future, will be required to complete the AB1234 Ethics Training. AB1234 requires two hours of ethics training within one year of appointment. This training is valid for two years and must be retaken every two years. The State has an online ethics-training program which may be completed from ay computer with internet access. The training may be completed all at once, or in smaller increments, as the program keeps track of your time every time you sign on.
Public Records Act (Government Code §6250-6276.48.)
This application qualifies as a public record and all information furnished on the application itself and any supporting documents attached hereto will be treated as a public record.
Attendance (MMC §9-1.05 Meetings/Absences)
The City Clerk is required to attend meetings on a regular basis, and will be automatically removed if a member does not attend any three regularly scheduled meetings within a twelve month year period.
CONTACT INFORMATION
CITY OF MAYWOOD
MAYWOOD CITY HALL
Attention: Office of the City Clerk: 4319 E. Slauson Ave., Maywood, CA 90270 Shirley Quinones, Deputy City Clerk: Office (323) 562-5714; Fax (323) 773-2806; Email [email protected]
Maywood City Web Site: www.cityofmaywood.org
Resumé
Submittal Requirements (Completed Application must contain the following) Completed, signed Application Three (3) references with contact information 4319 E. Slauson Ave., Maywood, CA 90270 • Telephone (323) 562-5700 • Fax (323) 773-2806 Instructions (Please Type or Print Clearly)
All requested information must be furnished on the Application itself. Resumes, attachments, and other supporting documentation cannot be substituted for an application form. It is important that you answer all questions on your application fully and accurately. If additional space is needed to answer questions, attach additional sheets.
Completed Applications should be returned to the City of Maywood, 4319 E. Slauson Ave., Maywood, CA 90270 Attention: Office of the City Clerk Information Sheet
1. Please confirm that you are applying to be appointed City Clerk: Yes No
2. Have you ever served on the any legislative bodies or been employed by the City? ______Yes No If yes, in what capacity and when (months/years)
3. Name:
(Last) (First) (Middle)
4. Residential Address:
5. Phone Number: Email:
6. Are you a registered voter in the City of Maywood? Yes No
7. Do you currently reside within the incorporated City limits? Yes No
8. Occupation and Place of Employment:
9. Do you have any relatives currently working for the City of Maywood? Yes No If Yes, please list name(s) and relationship:
10. List Community/Professional Organizations in which you hold active membership(s). In addition, please list any positions of responsibility held:
11. Please state the reasons you are interested in filling this vacancy:
APPLICATION FOR APPOINTMENT
CITY CLERK
City of Maywood
Date Stamp Received
Applicant Name:
Date:
12. Please state your reasons as to why your background and/or experience makes you a suitable candidate for appointment to this position:
13. Please briefly express your views regarding the position of City Clerk in Maywood:
14. References (Provide the names and contact information for three (3) individuals who we can contact)
1. Home Number:
(Name) Cell Number:
2. Home Number:
(Name) Cell Number:
3. Home Number:
(Name) Cell Number:
15. DISCLOSURE AND REGULATORY REQUIREMENTS
Conflict of Interest Disclosure – In compliance with state law, appointed officials may be required to file a Statement of Economic Interests upon appointment to office, and annually thereafter.
I, acknowledge, that if appointed, I may be required to make information available as to any potential conflict of interest arising from my business/affiliations where that affiliation or business may be doing business with the City of Maywood, or any decisions taken by the City of Maywood that may influence that business or affiliation. The City will provide appointees with the filing form and instructions. Initials Attendance (MMC §9-1.05) – The City Clerk must attend meetings on a regular basis, and may be removed if a member does not attend three regularly scheduled meetings within any twelve month period. If appointed, I confirm that I will be able to attend meetings regularly and devote the time necessary to fulfill my duties. Initials
Mandatory Ethics Training (Government Code §53234) – In compliance with state law, if appointed, I agree to complete an approved AB1234 Ethics Training seminar within one year of appointment and agree to maintain my compliance throughout my entire term in office. Initials
16. I, the undersigned, certify that the foregoing information is true and correct and that I am sincerely interested in serving in this position for the City of Maywood. Furthermore, I, the undersigned, acknowledge that this application qualifies as a public record and that all information furnished on the application itself and any supporting documents attached hereto will be treated as a public record and I, therefore, waive any perceived rights to privacy of the information furnished.
Applicant’s Signature Date
Application Active Until: _ _ _ _ _ _
Meets Minimum Requirements: _ Yes _ No Residency Verified (Incorporated Area): __ _ Yes _ No
FOR INTERNAL USE ONLY
CITY CLERK Applicant