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Agenda packet

Maywood City Council
January 7, 2025

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Agenda packet
Meeting
January 7, 2025
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Maywood City Council
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13
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Text extracted from the city's file for reading and search. Open the original on maywoodca.api.civicclerk.com. That file is the official record.
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AGENDA

SPECIAL MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
TUESDAY, JANUARY 7, 2025 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
Mayra Aguiluz

MAYOR PRO TEM
Heber Marquez

COUNCIL MEMBERS
Eddie De La Riva
Jaime Flores
Frank Garcia

CITY CLERK
Vacant

CITY TREASURER
Vacant

CITY MANAGER
Jennifer E. Vasquez

CITY ATTORNEY
Roxanne Diaz
III. MEETING PROCEDURES
THIS MEETING WILL BE HELD IN PERSON.

THE MEETING WILL BE AVAILABLE FOR VIEWING VIA ZOOM:
https://us02web.zoom.us/j/85832377220 AND VIA THE CITY'S FACEBOOK PAGE.

Public Participation Options:

1. In-Person: Council Chambers located at 4319 E. Slauson Avenue, Maywood, CA

2. Before the Meeting: Public comment will be accepted for the record in advance

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by 3:30 p.m. 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 72 hours of the meeting.

IV. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
V. DISCUSSION/ACTION ITEMS

1. CONSIDERATION OF APPOINTMENT OF THE POSITIONS OF CITY CLERK AND CITY TREASURER PURSUANT TO MAYWOOD MUNICIPAL CODE SECTION 2-

2.901 AND SECTION 2-2.801
VI. 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.

2. APPROVAL OF RESOLUTION NO. 6395 OF THE CITY COUNCIL OF THE CITY OF

MAYWOOD, DESIGNATING THE APPOINTED MAYOR AS BANK SIGNATORY

AND CITY MANAGER AS THE APPOINTED CITY TREASURER AND REMOVAL

OF PRIOR APPOINTED MAYOR AND PRIOR ELECTED CITY TREASURER FROM

BANK SIGNATORY

3. CONSIDERATION OF FIRST READING OF ORDINANCE NO. 25-01 OF THE CITY OF MAYWOOD, CALIFORNIA AMENDING ARTICLE 8 AND ARTICLE 9 OF CHAPTER 2 OF TITLE 2 OF THE MAYWOOD MUNICIPAL CODE TO VEST IN THE

CITY MANAGER AUTHORITY TO APPOINT THE CITY CLERK AND THE CITY

TREASURER
VII. ADJOURNMENT - The next Regular Meeting of the Maywood City Council is scheduled for Wednesday, January 22, 2025, at 6:00 p.m. in the City Council Chambers.

PUBLIC ACCESS TO MEETING AGENDA AND AGENDA PACKETS
I, _______________________________, City Manager, 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.

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AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 1.

DATE: January 7, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ROXANNE DIAZ, CITY ATTORNEY
SUBJECT: CONSIDERATION OF APPOINTMENT OF THE POSITIONS OF CITY CLERK AND CITY TREASURER PURSUANT TO MAYWOOD MUNICIPAL CODE SECTION 2-

2.901 AND SECTION 2-2.801
RECOMMENDATION:

It is recommended that the City Council appoint City Manager Jennifer Vasquez to the offices of the City Clerk and the City Treasurer.

BACKGROUND:

On August 5, 2024, the City Council adopted Resolution No. 6373 and Resolution No. 6374 to place on the November 2024 ballot two measures asking the voters of the City of Maywood whether the offices of the City Clerk and City Treasurer should be appointive. If approved, the voters would be adopting an ordinance that makes the positions appointed.

As stated in the August agenda report, the duties of the City Clerk and City Treasurer have changed significantly over the years and are performed by professional staff. The trend among cities has been to move these positions from elected positions to appointed positions. At the November 5, 2024 municipal election, the voters of the City of Maywood voted in favor of making the City Clerk an appointive position (66.67% in favor) and voted in favor of making the City Treasurer an appointive position (65.64%). As such, the voters adopted the ordinances incorporated by the Resolutions that in turn amended the Maywood Municipal Code providing that the City Clerk and the City Treasurer shall be appointed and serve at the pleasure of the City Council. As no qualified elector ran for the office of City Clerk or City Treasurer at the November 2024 election, the City Council is authorized purusant to Government Code Section 36512 to appoint such officers. As provided for in State law, the appointee is not required to be a resident or elector of the City.

DISCUSSION:

The positions of City Clerk and City Treasurer are vacant as no qualified elector ran for office. As such, the City Council is able to make an appointment to these offices. As set forth in Maywood Municipal Code Section 2-

2.901 (City Clerk- Appointed), pursuant to the provisions of the Government Code, the City Clerk shall be appointed and serve at the pleasure of the City Council. Similarly, Maywood Municipal Code Section 2-2.801 (City Treasurer-Appointed), also states that pursuant to the provisions of the Government Code, the City Treasurer shall be appointed and serve at the pleasure of the City Council. In order to ensure the continuity of the required services from these positions, it is recommended that the City Council appoint City Manager Jennifer Vasquez as City Clerk and City Treasurer. In turn, deputies can be appointed by the City Clerk and City Treasurer to carry out the day-to-day tasks that are necessary to ensure that the duties under State law

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and the City's municipal code are carried out.

That said, also stated in the August 5, 2024, agenda report was the recommendation of staff that if the ballot measures were passed by the voters, that the City Council consider delegating to the City Manager the appointment authority over the City Clerk and City Treasurer to ensure that professional staff undertake the duties performed by these offices. As in most cities, the state law duties of the City Clerk and City Treasurer are being performed by existing professional staff. The ordinances adopted by the ballot measures (as well as state law) allow the City Council to delegate and vest in the City Manager its authority to appoint the City Clerk and City Treasurer. A separate agenda item is proposed for the City Council's consideration to move forward an ordinance to vest this authority in the City Manager. In doing so, this will allow the City Manager to make the appointments as she does already with other professional staff. This will ensure that the duties are carried out by staff that have the qualifications to do so.

LEGAL REVIEW:

This report was drafted by the City Attorney.

FISCAL IMPACT:

There is no fiscal impact in taking such action as the duties of the City Clerk and City Treasurer are already being performed by existing employees.

ATTACHMENT(S)

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AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 2.

DATE: January 7, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: RIMO HANSON, FINANCE DIRECTOR
SUBJECT: APPROVAL OF RESOLUTION NO. 6395 OF THE CITY COUNCIL OF THE CITY OF

MAYWOOD, DESIGNATING THE APPOINTED MAYOR AS BANK SIGNATORY AND

CITY MANAGER AS THE APPOINTED CITY TREASURER AND REMOVAL OF PRIOR

APPOINTED MAYOR AND PRIOR ELECTED CITY TREASURER FROM BANK

SIGNATORY
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 6395 designating the newly appointed City Mayor as bank signatory and removing the prior Mayor and prior elected City Treasurer from bank signatory and designating the City Manager in her capacity as the City Treasurer, as bank signatory.

BACKGROUND:

Banking institutions require resolutions approved by governing bodies, to make changes to position titles and personnel authorized to sign on City checking and investment accounts.

Section 3-2.06 of the Maywood Municipal Code provides that the Director of Finance shall draw a warrant or warrants upon the City Treasury, specifying the purpose for which the same are drawn and the fund out of which they shall be paid. Such warrant or warrants (i.e. checks) shall be signed by the City Treasurer and the Mayor or the Director of Finance. Either the Mayor or Director of Finance signatures are required by the provisions of the Municipal Code to be a manual signature. The signature of the City Treasurer may be an electronic signature.

DISCUSSION:

The City held its annual reorganization City Council meeting on December 17, 2024, and approved the nomination of a new Mayor. Subsequently, the proposed attached resolution designates the new Mayor, Mayra Aguiluz, as the bank signatory for all bank and investment accounts and removes the former Mayor, Eduardo De La Riva from all accounts.

In addition, on January 7, 2025, the City Council appointed the City Manager to serve as City Treasurer.

Subsequently, the proposed attached resolution removes the former elected City Treasurer, Mary Mariscal as bank signatory for all bank and investment accounts, effective December 18, 2024, and designates the City Manager, Jennifer Vasquez as appointed City Treasurer as the bank signatory for all bank and investment accounts. The City Finance Director, Rimo Hanson, shall remain as a co-signer.

LEGAL REVIEW:

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The City Attorney has review this report.

FISCAL IMPACT:

There is no fiscal impact related to this item.

ATTACHMENT(S)

1. Resolution No. 6395 New Bank Signatory

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RESOLUTION NO. 6395

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MAYWOOD,

CALIFORNIA, AUTHORIZING THE REMOVAL OF PREVIOUS APPOINTED

MAYOR, EDUARDO DE LA RIVA AND THE PREVIOUS ELECTED CITY TREASURER, MARY MARISCAL AS SIGNERS FOR CITY’S CHECKING, MONEY MARKET AND SAVINGS ACCOUNTS WITH U.S. BANK AND

ADDING THE NEWLY APPOINTED MAYOR, MAYRA AGUILUZ AND

APPOINTED CITY TREASURER, CITY MANAGER JENNIFER VASQUEZ AS

AUTHORIZED SIGNERS
WHEREAS, U.S. Bank requires City Council approval to remove a signer from the City’s bank accounts;
WHEREAS, U.S. Bank requires City Council approval to add a new signer to the City’s bank accounts:

WHEREAS, City of Maywood Council appointed Mayra Aguiluz as City Mayor on December 17, 2024; and

WHEREAS, the previous City Mayor, Eduardo De La Riva, shall be removed as signer from all accounts and the newly appointed City Mayor, Mayra Aguiluz, shall be added as an authorized signer on all accounts.

WHEREAS, on December 17, 2024, Resolution No. 6374 was approved declaring the result of the City Treasurer elected position should be appointive; and WHEREAS, the previous City Treasurer, Mary Mariscal, shall be removed as signer from all accounts and City Manager Jennifer Vasquez, appointed as City Treasurer shall be added as an authorized signer on all accounts. The City Finance director, Rimo Hanson, shall remain as a co-signer.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MAYWOOD DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

Section 1. The recitals set forth above are true and correct and incorporated herein as if set forth in full.

Section 2. Mayra Aguiluz is the appointed City Mayor and as such is an authorized signatory on all City bank accounts including checking and investment accounts.

Section 3. Eduardo De La Riva shall be removed as an authorized signatory on all City bank accounts including checking and investment accounts.

Section 4. Mary Mariscal, shall be removed as an authorized signatory on all City Bank accounts including checking and investment accounts.

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Section 5. Jennifer Vasquez is the appointed City Treasurer and as such is an authorized signatory on all City Bank accounts including checking and investment accounts.

Section 6. The City Clerk shall certify to the adoption of the resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 7th day of January 2025. ____________________________
Mayra Aguiluz, Mayor
ATTEST:
___________________________
Jennifer Vasquez, City Clerk
APPROVED AS TO FORM:
___________________________
Roxanne Diaz, City Attorney

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Jennifer Vasquez, City Clerk of the City of Maywood, do hereby certify that the foregoing Resolution No. 6395 was adopted at a special meeting of the City Council of the City of Maywood held on the 7th day of January, 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________
Jennifer Vasquez, City Clerk

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AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 3.

DATE: January 7, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ROXANNE DIAZ, CITY ATTORNEY
SUBJECT: CONSIDERATION OF FIRST READING OF ORDINANCE NO. 25-01 OF THE CITY OF MAYWOOD, CALIFORNIA AMENDING ARTICLE 8 AND ARTICLE 9 OF CHAPTER 2 OF TITLE 2 OF THE MAYWOOD MUNICIPAL CODE TO VEST IN THE CITY

MANAGER AUTHORITY TO APPOINT THE CITY CLERK AND THE CITY

TREASURER
RECOMMENDATION:

Staff recommends that the City Council consider introduction of Ordinance No. 25-01 amending the Municipal Code to vest in the City Manager authority to appoint the City Clerk and City Treasurer for first reading and waive full reading of the Ordinance.

BACKGROUND:

The voters of the City of Maywood approved two ballot measures which made the offices of the City Clerk and City Treasurer into appointed positions. Previously, these offices were elected positions. The ordinances adopted by the voters provide that the City Council is able to make the appointment to these offices. In addition, the ordinances (as well as state law) provide that the City Council can delegate and vest in the City Manager its authority to appoint the City Clerk and City Treasurer. The proposed ordinance will delegate and authorize the City Manager to appoint the offices of City Clerk and City Treasurer.

DISCUSSION:

The proposed ordinance amends Article 8 (City Treasurer) and Article 9 (City Clerk) to add a new section to each wherein the City Council delegates and authorizes the City Manager to appoint the City Clerk and the City Treasurer. The appointed persion is not required to be a City resident or elector. As stated in the August 5, 2024, City Council agenda report when the Council placed the measures on the ballot, it was the recommendation of staff that if the ballot measures were passed by the voters, that the City Council consider delegating to the City Manager the appointment authority over the City Clerk and City Treasurer to ensure that professional staff undertake the duties performed by these offices. As in most cities, the state law duties of the City Clerk and City Treasurer are being performed by existing professional staff. Adoption of this ordinance, will ensure that the duties of these offices are carried out by staff that have the qualifications to do so.

LEGAL REVIEW:

Thie agenda report was drafted by the City Attorney.

FISCAL IMPACT:

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There is no significant fiscal impact related to this action.

ATTACHMENT(S)

1. Ordinance 25-01 - Appointment of City Clerk and City Treasurer

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1 ORDINANCE NO. 25-01

AN ORDINANCE OF THE CITY OF MAYWOOD,
CALIFORNIA AMENDING ARTICLE 8 AND ARTICLE 9 OF
CHAPTER 2 OF TITLE 2 OF THE MAYWOOD MUNICIPAL

CODE TO VEST IN THE CITY MANAGER AUTHORITY TO

APPOINT THE CITY CLERK AND THE CITY TREASURER
WHEREAS, prior to November 5, 2024, the offices of the City Clerk and City Treasurer of the City of Maywood were elective offices pursuant to California Government Code Section 36502;
WHEREAS, Government Code Section 36508 and the Elections Code authorize the City Council to submit to the electors the question of whether the elective City Clerk and City Treasurer shall be appointive offices and, if a majority of voters voting on the measure approve it, the offices shall become appointive; WHEREAS, on August 5, 2024, pursuant to State law, the City Council adopted Resolution No. 6373, which called for a General Municipal Election to be held on November 5, 2024, submitting to voters a measure to convert the elected office of the City Clerk into an appointive office;
WHEREAS, on August 5, 2024, pursuant to State law, the City Council adopted Resolution No. 6374, which called for a General Municipal Election to be held on November 5, 2024, submitting to voters a measure to convert the elected office of the City Treasurer into an appointive office;
WHEREAS, on November 5, 2024, the voters of the City of Maywood approved the ballot measure set forth for Resolution No. 6373 and thereby approved and adopted an ordinance to make the office of the City Clerk appointive; WHEREAS, on November 5, 2024, the voters of the City of Maywood approved the ballot measure set forth for Resolution No. 6374 and thereby approved and adopted an ordinance to make the office of the City Treasurer appointive; WHEREAS, pursuant to Government Code Section 36510, the City Council may by ordinance vest in the City Manager the authority to appoint the City Clerk and City Treasurer; and
WHEREAS, Government Code Section 34856 provides that if the offices of the City Clerk and City Treasure are appointive and if the City Manager is vested with the appointing power, the City Manager has the power to both appoint and dismiss;

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2 WHEREAS, the City Council wishes to delegate its appointment authority to the City Manager to ensure the appointment of professionals with skills and expertise needed for the positions of City Clerk and City Treasurer; and

THE CITY COUNCIL OF THE CITY OF MAYWOOD DOES ORDAIN AS
FOLLOWS:

Section 1. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Ordinance are true and correct and are incorporated herein as if set forth in full.

Section 2. A new section 2-2.804 is hereby added to Chapter 2 of Article 8 of Title 2 of the Maywood Municipal Code to read as follows:
“2-2.804 — City Manager to Appoint City Treasurer.

Pursuant to Government Code Section 36510, the City Council delegates and authorizes the City Manager to appoint the City Treasurer. The appointed person shall not be required to be a City resident or elector”.

Section 3. A new section 2-2.903 is hereby added to Chapter 2 of Article 9 of Title 2 of the Maywood Municipal Code to read as follows:
“2-2.903 — City Manager to Appoint City Clerk.

Pursuant to Government Code Section 36510, the City Council delegates and authorizes the City Manager to appoint the City Clerk. The appointed person shall not be required to be a City resident or elector.

Section 4. To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or provisions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail.

Section 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, without regard to whether any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 6. Effective Date of Ordinance. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

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3 Section 7. Certification and Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted in the manner prescribed by law.

PASSED, APPROVED, AND ADOPTED, this 22nd day of January, 2025.

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Mayra Aguiluz, Mayor
ATTEST:
_________________________________
Jennifer Vasquez, City Clerk
APPROVED AS TO FORM:
___________________________________
Roxanne Diaz, City Attorney

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