2 Rev. 7/2024
CITY OF MAYWOOD
COMMUNITY BENEFIT FUND
GUIDELINES AND PROCEDURES
as a member of their board or executive leadership a City employee, a City elected or appointed official or members of their family, are not eligible to apply for a Community Benefit Fund grant. Family members include spouse or domestic partner, child, parent, grandparent, grandchild, cousin, aunt, uncle, sibling, niece, nephew, parent-inlaw,brother-in-law or sister-in-law, as well as all step relationships.
D. City Projects. This policy does not preclude the City from undertaking and funding projects on its own initiative that would be a benefit to the community.
IV. APPLICATION PROCEDURES
A. Submittal of an Application. Applicants must use the Community Benefit Fund application form. Forms are available on the City website at www.cityofmaywood.org and at Maywood City Hall at 4319 E. Slauson Avenue, Maywood, CA 90270.
Applications may be requested by email at [email protected] B. Application Deadline. The City Council will have quarterly application cycles available to consider requests contingent upon monies being available under the program. The application cycles and deadlines are as follows:
Application Cycle
Quarter 1: July 1 - September 30 June 1
Quarter 2: October 1 - December 31 September 1
Quarter 3: January 1 - March 30 December 1
Quarter 4: April 1 - June 30 March 1
Application Deadline
The application must be submitted by 5:00 p.m. on the applicable deadline date addressed to: City of Maywood, Attention: Community Benefit Fund via City Manager’s Office, 4319 E. Slauson Avenue, Maywood, CA 90270.
C. General Information.
1. Applicants may apply for funds during any application cycle.
Notwithstanding, funds must be requested and spent during the same fiscal year in which the award was approved by the City Council.
2. Organizations may submit only one application per fiscal year.
3. Funding to an Eligible Organization will not constitute a precedent for contributions in subsequent fiscal years.
CITY OF MAYWOOD
COMMUNITY BENEFIT FUND
GUIDELINES AND PROCEDURES
3 Rev. 7/2024
V. EVALUATION OF APPLICATION AND SELECTION PROCESS
A. Review of Applications. Following the application deadline, City Staff will review the applications. Applicants may be contacted if further information is requested, to answer questions, clarify their application, etc. All applications will be evaluated to ensure that the applicant is an “Eligible Organization” and that purpose for which the grant is sought is consistent with this policy. Applications and recommendations of Staff, if any, will be presented to the City Council during a regular scheduled City Council meeting for the Council’s consideration and approval.
B. City Council Action. The City Council will take final action on award of all grants and maintains the discretion to fund in whole or in part any request or not to fund any or all requests during the Application Cycle. Alternatively, the City Council may hold-over any application into the next Application Cycle. In the case of multiple applications that are competing for limited available funds, consideration may be given to applications based on the following criteria: (i) the number of residents who are expected to benefit, participate in or be positively impacted by the program; (ii) the performance of the applicant in prior years, including demonstrated fiscal responsibility and compliance with applicable requirements; (iv) the amount of funding previously award to the applicant or the program or event in prior years; and (v) the total amount of funding requested as a proportion of the total available funds for the applicable fiscal year.
VI. POST AWARD REQUIREMENTS
A. Agreement. All Eligible Organizations elected to receive funds will be required to sign and execute an agreement with the City of Maywood.
B. Reporting. Eligible Organizations must complete a report, within 45 days of fund expenditure, describing the use of the grant and amount expended, the number of participants in the event or program, copies of any publicity of the event or program, and a narrative regarding the benefit to the City of Maywood. The City reserves the right to conduct an audit and/or require additional back-up information to substantiate how funds received from the City were expended. Failure to submit this required report will make the Eligible Organization ineligible for allocation of future funds until the required report is submitted. These reports will be reviewed and taken into account for evaluating subsequent funding proposals from that entity.
C. Request for Funds. The Eligible Organization receiving the funds is responsible for submitting a funds request to the City’s Finance Director and shall allow the City up to 30 days to process the request. If a third-party vendor is the recipient of the funds (i.e. bus company used for field trip), then the request shall include the information regarding that vendor including their Tax Identification Number and the check shall be made payable to that vendor. If the grant is to be used to purchase tangible goods or services, the City has the discretion to purchase the goods or services directly and
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COMMUNITY BENEFIT FUND
GUIDELINES AND PROCEDURES
4 Rev. 7/2024
pass-through the goods or services to the Eligible Organization rather than provide the funding.
D. Return of Funds to the City. Unexpended funds must be returned to the City at the end of the fiscal year. Funds must also be returned to the City if the City determines that the applicant has not performed in accordance with the approved application listing the use of the funds.
E. Failure to Abide by Policy. The failure of an Eligible Organization to abide by this Policy will result in the Eligible Organization being denied for funding in the future.
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 12.
DATE: November 19, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CLAUDIA ZAVALA, COMMUNITY SERVICES SUPERVISOR
BY: JENNIFER VASQUEZ, CITY MANAGER
SUBJECT: CONSIDERATION OF APPROVING THE COMMUNITY BENEFIT FUND
APPLICATION FROM MAYWOOD CENTER FOR ENRICHED STUDIES (MACES) IN THE AMOUNT OF $15,000 TO SUPPORT THE MACES MUSIC PROGRAM, THE
ACADEMIC READING AND MATHEMATICS INCENTIVE PROGRAM AND TO COVER
FIELD FEES FOR SOFTBALL AND BASEBALL TEAMS
RECOMMENDATION:
Staff recommends that the City Council approve the Community Benefit Fund Application from MaCES High School in the amount of $15,000.
BACKGROUND:
The City of Maywood has established a “Community Based Fund” to support community-based programs and activities. Applicant eligibility is determined by the City’s Community Benefit Fund Guidelines and Procedures (“Guidelines”) for the distribution of funds to eligible organizations that provide community-based programs, community activities and educational activities.
Community Benefit Funds Approved by City Council for MaCES High School:
• Fiscal Year 2023/2024: The City Council approved $10,000 for the following student programs:
MaCES Boys and Girls Wrestling Team Tournaments and equipment and the Student Attendance Incentive Program.
• Fiscal Year 2022/2023: The City Council approved $9,800, to be used for the following student campus programs: MaCES Marching Band Camp, which supports the development and showcase of students, and the student attendance incentive program to help create a school environment for students to feel safe.
• Fiscal Year 2020/2021: The City Council approved $8,900, to be used for MaCES Marching Band Camp, MaCES Jaime Escalante Summer Math Camp and MaCES student attendance Incentive Funds.
DISCUSSION:
The applicant, MaCES High School, is requesting funds to enhance student academic performance in reading and math by implementing an incentive-based awards program. Additionally, they are seeking funding to purchase materials and equipment for their music program, which supports both the Marching Band and Orchestra. The request also includes $2,500 for baseball field fees and $2,500 for softball field fees. The girls'
softball team uses the field at Bell Veterans Park and the boys utilize the Maywood Dodgers Dreamfield.
Qualification Review
Per the grant guidelines, to apply for a grant under the City Community Benefit Fund, the Eligible Organization must provide a program, service, activity, event or other similar activities that have a benefit to the residents of the City of Maywood or the specified target group within the City by: (i) enhancing the quality of life or the delivery of services in the City; or (ii) providing educational opportunities for the residents or students of the City. Categories of services and activities eligible for grants include, but are not limited to, educational programs, cultural activities (i.e. music, art, dance, recreation), youth athletics, civic projects, health and safety programs, services sponsored by Maywood community organizations and public services (i.e. senior services, youth programs, health services). If the request relates to a community event, the event must be advertised and open to the public. In addition, per the Grant guidelines, grants will be awarded in a maximum amount of no more than $15,000.
MaCES School, established in 2017, serves the residents of Maywood and the surrounding community as an educational institution and by offering a variety of programs and services to students in grades 6-12.
Approximately 80% of its student body are Maywood.
Accordingly, based on the documentation provided by the applicant in support of their application, staff recommends that the City Council approve their request.
LEGAL REVIEW:
The City Attorney has reviewed this staff report.
FISCAL IMPACT:
The City's budget includes $75,000 in the Community Benefit Fund for fiscal year 2024/2025. To date,$27,000 has been approved by Council. There are two items on this Council meeting for $15,000 each and if both items are approved, the remaining available balance will be $18,000. Therefore, no additional appropriation is required.
F.Y. 24-25 Impact: $15,000 Current F.Y. Budget: $75,000 Fund Impacted: 100-General Fund Budget adjustment requested: $0 Source of funds: 302 - Community Services Remaining Budget: $18,000 Account Number: 6301 - Community Benefit Fund For fiscal year: 2024/2025
ATTACHMENT(S)
1. MaCES_CBF_App_24_25
2. MaCES_Additional Email for CBF App_24_25
3. MaCES_CBF_Budget_24_25
4. Federal EIN Letter_MaCES
5. CBF Guidelines&Procedures_Revised_July_2024
CITY OF MAYWOOD
COMMUNITY BENEFIT FUND APPLICATION
Please Type/Print Information
(attach additional pages as needed)
Date : _____
Application Funding Cycle Application Due Date
Q1: July 1 – September 30 June 1
Q2: October 1- December 31 September 1
Q3: January 1 - March 30 December 1
Q4: April 1 - June 30 March 1
Amount Requested: _________________
Organization Name: Phone Number:
Street Address: Fax Number:
City,State, Zip: Federal EIN:
Contact Person:
Contact Email Address:
Provide a detailed description of your organization. For example, are you a school, school• based or affiliated entity, youth program, community based organization, etc.
Does your organization have non-profit status with theInternal Revenue Service? Yes No (If yes,attach documentation)
How long has this organization been in existence (provide date)? Is the organization located/based in Maywood or does it provide programs or services to Maywood residents? Yes No If yes, please explain.
Describe how the requested funds will be used? Attach a proposed budget.
What is the anticipated time-frame to provide the proposed program, service, event activity or goods and the expenditure of the requested funds?
Describe the organization's efforts in obtaining funding from other sources? How will the requested funds have a benefit to Maywood residents? How will the requested funds enhance the quality of life or the delivery of services for Maywood residents?
How will the requested funds provide educational opportunities for Maywood residents or students?
Has your organization previously received funding from the City of Maywood? Yes No If yes, identify the use of the funds, total amount, and fiscal year in which the funds were received.
Is a member of your organization's board or executive leadership a City employee, an elected or appointed City official, or a family member of a City employee or elected or appointed City official? Yes No If yes, please explain.
By my signature below, I hereby certify, under penalty of perjury, that I am qualified to sign for and bind the named organization and that the information contained within and submitted with this application is complete, true and accurate. I have received a copy of the Community Benefit Fund Guidelines and Procedures and agree to abide by its provisions. If awarded funding, an agreement will be required to be executed.
Date: Signature:
Print Name and Title:
Date Received Eligibility Verified Date Approved Date Denied Amount Awarded
Revised 9.28.22
Maywood Community Fund Grant Budget
Beneficiary: MACES Band & Orchestra and Academic Growth in Reading and Mathematics Grant Amount: $10,000
Item Cost Reasoning
Informal Uniforms $2,000 This will support our program in having an informal uniform to perform in such as the
Maywood Elementary Performance, Community
Events, District Festivals
Additional Instruments $5,000 This will support our ensembles in being able to play more symphonic repertoire. MACES has
become known for this program and was recently
awarded the rank of Superior (the highest
ranking) for our Symphony.
Equipment $1,000 This includes additional flags and support equipment (ie - flip books, silks, short flags)
Academic Reading
and Mathematics
Incentives
$2,000 Students’ growth and achievements will be
recognized after Middle of the year and end of
the year diagnostics of I-ready Reading and
Mathematics exams. Funds will be used to offset
the cost of rewards from student store.
*Having reached 50% of the stretch growth at the
Middle of year diagnostic.
*Having reached 100% of the stretch growth at
the End of year diagnostic.
*Having achieved Mid/Late Grade 12 in reading
or Mid /late in CCR Math
Students Impacted: Band & Orchestra Program Musicians
1. Genesis Avalos
2. Juan Dueñas
3. Samantha Sanchez
4. Anthony Padilla
5. Aliyah Rivera
6. Lili Gonzalez
7. Cassandra Aranda
8. Natalie Robles
9. Katie Penaloza
10. Cassandra Valencia
11. Jonathan Guzman
12. Cesar Blas
13. Jared Torres
14. Dayana Garcia
15. Bella Hernandez
16. Valeria Lima
17. Brittany Chaveria
18. Polette Limon
19. Emiliano Alcaraz
20. Jennifer Gonzales
21. Gerardo Recinos
22. Francisco Gallegos
23. Sebastien de la O
24. Mia Lopez
25. Brianna Penaloza
26. Aidan Paredes
27. Luis Mojica
28. Emily Hernandez
29. Emily Acosta
30. Angel Ramirez
31. Aileen Mejia
32. Melissa Gonzalez
33. Nathan Aguirre
34. Abraham Esquivel
35. Nathan Vizcarra
36. Yaretzi Jimenez
37. Gabriel Heredia
38. Joel Pacheco
39. Ulises Pardo
40. Valerie Campa
41. Dafne Torres Estrada
42. Yaretzi Alvarez
43. Joselyn Martinez
44. Jeslin Grajada
45. Nathan Ramirez
46. Haylee Ramos
47. Valeria Olguin
48. Marie Mota
49. Jacob Ramirez
50. Emily Moreno
51. Desiy Burgos
52. Damaris Bulux
53. Angel Romero
54. Nathalie Acuna
55. Camila Gomez
CITY OF MAYWOOD
COMMUNITY BENEFIT FUND
GUIDELINES AND PROCEDURES
1 Rev. 7/2024
I. BACKGROUND
The City of Maywood has established a “Community Benefit Fund” to support community based programs and activities.
II. PURPOSE
The purpose of this policy is to provide guidelines and procedures for the distribution of public funds, which will in turn fun community programs, activities and educational activities conduct by Eligible Organizations that meet the requirements and guidelines set forth by the City Council in this policy.
III. ELIGIBILITY AND POLICY
A. Eligible Organizations. The requesting organization must be: (1) a non-profit agency as defined by the Internal revenue Service (IRS) with a tax exempt status of 501(c)(3) and is in good standing in the State of California based in the City or provides programs or services to residents of the City; a school or school-based/affiliated organization located in the City; or other City-based organization such as athletic organizations or community groups (collectively called “Eligible Organizations”); (2) must be in existence prior to submittal of an application; and (3) must have a record of successfully providing the type of service, activity or program for which funding is requested.
B. Eligible Services and Activities. To apply for a grant under the City Community Benefit Fund, the Eligible Organization must provide a program, service, activity, event or other similar activities that have a benefit to the residents of the City of Maywood or the specified target group within the City by: (i) enhancing the quality of life or the delivery of services in the City; or (ii) providing educational opportunities for the residents or students of the City. Categories of services and activities eligible for grants include but are not limited to educational programs, cultural activities (i.e. music, art, dance, recreation), youth athletics, civic projects, health and safety programs, services sponsored by Maywood community organizations and public services (i.e. senior services, youth programs, health services). If the request relates to a community event, the event must be advertised and open to the public. Grants will be awarded in maximum amounts of no more than $15,000.
C. Restrictions and Ineligible Organizations.
1. Grants shall not be used for religious activities or political campaigning purposes or activities.
2. A non-profit entity, a school or school-based/affiliated organization or other City-based organizations such as athletic organizations or community groups that have
2 Rev. 7/2024
CITY OF MAYWOOD
COMMUNITY BENEFIT FUND
GUIDELINES AND PROCEDURES
as a member of their board or executive leadership a City employee, a City elected or appointed official or members of their family, are not eligible to apply for a Community Benefit Fund grant. Family members include spouse or domestic partner, child, parent, grandparent, grandchild, cousin, aunt, uncle, sibling, niece, nephew, parent-inlaw,brother-in-law or sister-in-law, as well as all step relationships.
D. City Projects. This policy does not preclude the City from undertaking and funding projects on its own initiative that would be a benefit to the community.
IV. APPLICATION PROCEDURES
A. Submittal of an Application. Applicants must use the Community Benefit Fund application form. Forms are available on the City website at www.cityofmaywood.org and at Maywood City Hall at 4319 E. Slauson Avenue, Maywood, CA 90270.
Applications may be requested by email at [email protected] B. Application Deadline. The City Council will have quarterly application cycles available to consider requests contingent upon monies being available under the program. The application cycles and deadlines are as follows:
Application Cycle
Quarter 1: July 1 - September 30 June 1
Quarter 2: October 1 - December 31 September 1
Quarter 3: January 1 - March 30 December 1
Quarter 4: April 1 - June 30 March 1
Application Deadline
The application must be submitted by 5:00 p.m. on the applicable deadline date addressed to: City of Maywood, Attention: Community Benefit Fund via City Manager’s Office, 4319 E. Slauson Avenue, Maywood, CA 90270.
C. General Information.
1. Applicants may apply for funds during any application cycle.
Notwithstanding, funds must be requested and spent during the same fiscal year in which the award was approved by the City Council.
2. Organizations may submit only one application per fiscal year.
3. Funding to an Eligible Organization will not constitute a precedent for contributions in subsequent fiscal years.
CITY OF MAYWOOD
COMMUNITY BENEFIT FUND
GUIDELINES AND PROCEDURES
3 Rev. 7/2024
V. EVALUATION OF APPLICATION AND SELECTION PROCESS
A. Review of Applications. Following the application deadline, City Staff will review the applications. Applicants may be contacted if further information is requested, to answer questions, clarify their application, etc. All applications will be evaluated to ensure that the applicant is an “Eligible Organization” and that purpose for which the grant is sought is consistent with this policy. Applications and recommendations of Staff, if any, will be presented to the City Council during a regular scheduled City Council meeting for the Council’s consideration and approval.
B. City Council Action. The City Council will take final action on award of all grants and maintains the discretion to fund in whole or in part any request or not to fund any or all requests during the Application Cycle. Alternatively, the City Council may hold-over any application into the next Application Cycle. In the case of multiple applications that are competing for limited available funds, consideration may be given to applications based on the following criteria: (i) the number of residents who are expected to benefit, participate in or be positively impacted by the program; (ii) the performance of the applicant in prior years, including demonstrated fiscal responsibility and compliance with applicable requirements; (iv) the amount of funding previously award to the applicant or the program or event in prior years; and (v) the total amount of funding requested as a proportion of the total available funds for the applicable fiscal year.
VI. POST AWARD REQUIREMENTS
A. Agreement. All Eligible Organizations elected to receive funds will be required to sign and execute an agreement with the City of Maywood.
B. Reporting. Eligible Organizations must complete a report, within 45 days of fund expenditure, describing the use of the grant and amount expended, the number of participants in the event or program, copies of any publicity of the event or program, and a narrative regarding the benefit to the City of Maywood. The City reserves the right to conduct an audit and/or require additional back-up information to substantiate how funds received from the City were expended. Failure to submit this required report will make the Eligible Organization ineligible for allocation of future funds until the required report is submitted. These reports will be reviewed and taken into account for evaluating subsequent funding proposals from that entity.
C. Request for Funds. The Eligible Organization receiving the funds is responsible for submitting a funds request to the City’s Finance Director and shall allow the City up to 30 days to process the request. If a third-party vendor is the recipient of the funds (i.e. bus company used for field trip), then the request shall include the information regarding that vendor including their Tax Identification Number and the check shall be made payable to that vendor. If the grant is to be used to purchase tangible goods or services, the City has the discretion to purchase the goods or services directly and
CITY OF MAYWOOD
COMMUNITY BENEFIT FUND
GUIDELINES AND PROCEDURES
4 Rev. 7/2024
pass-through the goods or services to the Eligible Organization rather than provide the funding.
D. Return of Funds to the City. Unexpended funds must be returned to the City at the end of the fiscal year. Funds must also be returned to the City if the City determines that the applicant has not performed in accordance with the approved application listing the use of the funds.
E. Failure to Abide by Policy. The failure of an Eligible Organization to abide by this Policy will result in the Eligible Organization being denied for funding in the future.
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 13.
DATE: November 19, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING
SUBJECT: CONSIDERATION OF THE RENEWAL OF A COMMERCIAL CANNABIS MICROBUSINESS LICENSE FOR CHRON MAYWOOD, LLC.
RECOMMENDATION:
Staff recommends that the City Council approve the commercial cannabis microbusiness license renewal application for Chron Maywood (Chron), LLC, located at 5415 Maywood Avenue, for a one-year term expiring on December 8, 2025, direct staff to provide the Council with a report in at least 90-days to update the Council on Chron's progress to reach full compliance, and authorize the Director of Building and Planning to notify the applicant in writing of the City Council's decision.
BACKGROUND:
On August 28, 2019, the Maywood City Council adopted ordinance 19-03 that changed the status of commercial cannabis uses and businesses in the City. Most significantly, the ordinance banned the issuance of any new commercial cannabis licenses. Applications that were in the process had to have received their license and conditional use permit prior to the effective date of the Ordinance. The adoption of this ordnance also made any existing commercial cannabis business a non-conforming use subject to the provisions of section 16.2 of Appendix C of the Zoning Code.
Ordinance 19-03 ("Ordinance") also created a process for the renewal of existing licenses. The ordinance details requirements used to determine if an application can be renewed or denied. These requirements serve as a guide for the City Council to determine whether a license should be renewed, or if there are grounds for denial.
This process requires that the City Council determines if the cannabis entities operate lawfully. The information necessary to make this determination is provided by Hinderliter, de Llamas & Associates ("HdL"). Every year, the business is inspected quarterly to determine if the business is operating in compliance with State law and the City's Ordinance. The inspections also ensure that the business operates in a safe manner to protect both employees and customers at each business. Staff accompanies HdL on these inspections to verify compliance with the approved Conditions of Approval for the Conditional Use Permit. These inspections and any suggested remedial actions help to ensure proper operation prior to license renewal.
As part of this renewal process, HdL conducts criminal background checks on all owners, managers, employees, contractors and volunteers employed in Maywood's commercial cannabis industry. All who are found to have disqualifying factors will not be permitted to work, own, manage or volunteer for a cannabis business in Maywood.
HdL also conducts a financial audit annually, which includes the verification of the tracking and tracing of the product and matching the product with its respective transaction. This measure will detect illegal diversion or the sale of an unlicensed (illegal) product, which is central to the verification of lawful and complete remittance of the local cannabis tax.
DISCUSSION:
Chron's Conditional Use Permit was approved on June 19, 2018. Chron is a cannabis manufacturer, distributor, cultivator, and vehicle delivery operator that is currently operating as a cannabis microbusiness. A microbusiness is a cannabis business that holds at least 4 cannabis-related licenses-such as Chron holds. They are licensed by the State of California Bureau of Cannabis Control (license #C12-0000187-LIC) as a microbusiness, and their license is valid through July 15, 2025.
The most recent September (third quarter) inspection found three noncompliance items. They included the posting of an outdated premises diagram, it was found that not all employees were wearing their identification badges, and the necessary certificate of compliance for the weighing equipment required to be onsite was not available for the inspectors to view. The next follow-up inspection will be in early December .
Chron started operations in October 2022 and the first City audit was performed after one year of operation. During this audit it was discovered that Chron was paying the tax designated for non-microbusinesses. Upon discovery, Chron began coordinating with city staff to work on a payment plan for the past due taxes.
In conclusion, based on the inspections, investigations and audits described in this report, staff has determined that the business is only partially in compliance with the conditions in Section 5-45-05(b) and therefore, staff recommends that the City Council conditionally approve the renewal of the license and direct staff to provide the Council with a report in at least 90-days to update the Council on Chron's progress to reach full compliance.
LEGAL REVIEW:
City Attorney has reviewed this report.
FISCAL IMPACT:
Chron is taxed as a microbusiness for purposes of Cannabis Tax. As such, they will be taxed at a 10% Cannabis Sales Tax. Tax payments will be made directly to the City on a quarterly basis. Taxes collected help support the City and the services provided for the residents. Chron has currently made all their tax payments but incorrectly made most of the payments at a rate of 6% and not 10% which was caught during the audit. The City is currently working with them to satisfy the remaining payment obligation.
ATTACHMENT(S)
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 14.
DATE: November 19, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: DAISY GUERRERO, DEPUTY CITY CLERK/ASSISTANT TO THE CITY MANAGER SUBJECT: DISCUSSION AND DIRECTION REGARDING THE FILLING OF THE CITY CLERK
AND CITY TREASURER POSITIONS PURSUANT TO GOVERNMENT CODE SECTION 36512 CAUSED BY NO CANDIDATES IN THE RECENT ELECTION RECOMMENDATION:
Staff recommends that the City Council discuss the options outlined in the agenda report and provide staff with direction on how to fill the positions of City Clerk and City Treasurer.
BACKGROUND:
In the General Municipal Election of November 5, 2024, there were no candidates for the elected positions of City Clerk and City Treasurer. Government Code Section 36512(b) outlines the options for the City Council with regard to the vacancies.
DISCUSSION:
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.” Due to no residents filing to run for these elected seats, staff recommends that the City Council follow the process to make an appointment.
Process for Making an Appointment
Once the office is effectively vacant, the City Council has 60 days from the date of the vacancy to appoint a replacement City Clerk. State law does not specify a particular process for such selection and there are a variety of ways in which an appointee can be selected.
For example, the City Council could, but it is not required to, solicit resumes and statements of interest from residents who wish to be considered. The City Council could designate an ad hoc committee of the City Council to review these resumes and make a recommendation to the entire City Council. The City Council could also decide to have the entire City Council review the resumes and statements. In that case, the review of the resumes and statements would be conducted at a duly noticed meeting in accordance with the Brown Act. The City Council could, but is not required to, have interviews of the applicants, but those interviews would also occur in open session. Alternatively, the City Council can seek out potential replacements without the formality of an application process or if it desires to use an ad hoc committee process, it may direct the ad
hoc committee to do so and the ad hoc committee can make a recommendation to the entire City Council. It should be noted that the above are suggestions that have been followed by other cities when faced with a vacancy on their city council—the process for filling the City Clerk position is the same. The City Council is not obligated to follow the procedures outlined above, nor is the City Council obligated to appoint a replacement from among the persons who filed resumes or statements or from those recommended by an ad hoc committee, should the Council use an ad hoc committee. Regardless of the method, if the City Council desires to appoint, the City Council should discuss the manner in which it desires to solicit a potential appointee and provide direction to City Staff.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no cost if the City Council chooses to appoint a City Clerk and City Treasurer.
ATTACHMENT(S)