City Council
Regular MeetingEl Monte, CA · August 6, 2015
Minutes
APPROVAL OF MINUTES
EL MONTE CITY COUNCIL SPECIAL MEETING
OF AUGUST 6, 2015
MEETING JOINTLY AND REGULARLY WITH THE EL MONTE HOUSING AUTHORITY; EL
MONTE PUBLIC FINANCING AUTHORITY; EL MONTE WATER 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
1. CALL TO ORDER OF SPECIAL MEETING: Mayor Pro Tem Patel
(Meeting to be called to order at 4:00pm PDT on August 6, 2015)
2. ROLL CALL FOR CITY COUNCIL
Andre Quintero, Mayor/Chair – excused absent
Bart Patel, Mayor Pro Tem/Authority Member - present
Juventino “J” Gomez, Councilmember/Authority Member - present
Norma Macias, Councilmember/Authority Member - present
Victoria Martinez, Councilmember/Authority Member – excused absent
3. APPROVAL OF AGENDA
m) Councilmember Macias
s) Councilmember Gomez 3-0 (Mayor Quintero and Councilmember
Martinez absent)
FLAG SALUTE: Mayor Pro Tem Patel
INVOCATION: Councilmember Gomez
4. SPECIAL MEETING PUBLIC COMMENT REGARDING AGENDIZED MATTERS ONLY:
Art Barrios – commented on concerns regarding the cost of placing Ballot
Measures on the election; and the cost of $103,061.50 for three Ballot Measures in
the 2013 election.
Charles Hoffman – commented that he was opposed to the City Clerk and City
Treasurer Ballot Measures.
Gabriel Ramirez – commented that he was opposed to the City Clerk and City
Treasurer Ballot Measures.
Cosme Jimenez – commented on the need to have 4 votes for the City Clerk and
City Treasurer Ballot Measures; and his support of term limit for the position of
Mayor.
Mike Gomez – commented that he was opposed to the City Clerk and City
Treasurer Ballot Measures; these proposed Ballot Measures have been placed on
the election previously and the need to listen to the voters; and if a term limit is to
be imposed on the Mayor then it should be for all Councilmembers as well.
Jerry Velasco – commented that having the Mayor on a rotating basis is a good
idea; and his opposition of the proposed Ballot Measures due to the cost and the
fact that the people have already voted on these issues previously.
Julio Ramirez – congratulated the City Council for proposing the Ballot Measures;
allow the residents to vote; and the need for five Council Members to be on the
dais.
Robert Lawe – commented on the need for five Council Members to be present to
vote on these issues.
5. SPECIAL MEETING AGENDA:
5.1 CONSIDERATION AND APPROVAL OF THE SUBMISSION OF FOUR (4)
BALLOT MEASURES TO THE QUALIFIED ELECTORS, AT THE NOVEMBER
3, 2015 GENERAL MUNICIPAL ELECTION OF THE CITY OF EL MONTE
IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Receive presentation by City staff;
2. Pose questions to City staff;
3. Receive comments from interested members of the public;
4. Pose follow up questions to City staff;
5. And:
a. Consider and approve the proposed Resolution if it desires to place a
measure on the November 3, 2015 ballot to modify the selection of City
Clerk from election by the voters to appointment by the City Council.
Resolution No. 9598
b. Consider and approve the proposed Resolution if it desires to place a
measure on the November 3, 2015 ballot to modify the selection of City
Treasurer from election by the voters to appointment by the City Council.
Resolution No. 9599
c. Consider and approve the proposed Resolution if it desires to place a
measure on the November 3, 2015 ballot to reestablish the selection of
the Mayor by the City Council from among its members on a rotating
basis.
2
Resolution No. 9600
d. Consider and approve the proposed Resolution if it desires to place a
measure on the November 3, 2015 ballot to impose term limits on the
office elected Mayor, as specified below.
Resolution No. 9601
m) Councilmember Gomez
s) Councilmember Macias 3-0 (Mayor Quintero and Councilmember
Martinez absent) to take no action on this
agenda item.
6. ADJOURNMENT: 4:50 p.m.
______________________
Jonathan Hawes, City Clerk
City of El Monte
APPROVED:
_____________________
Bart Patel, Mayor Pro Tem
City of El Monte
3
Agenda
LOCATION: DATE AND TIME:
El Monte City Hall – East Thursday, August 6, 2015
City Council Chambers 4:00 p.m. (PDT)
11333 Valley Boulevard
El Monte, CA 91731
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; 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:
Andre Quintero, Mayor
Bart Patel, Mayor Pro Tem ♦ Juventino “J” Gomez, Councilmember
Norma Macias, Councilmember ♦ Victoria Martinez, Councilmember
1. CALL TO ORDER OF SPECIAL MEETING
(Meeting to be called to order at 4:00pm PDT on August 6, 2015)
2. ROLL CALL FOR CITY COUNCIL
Andre Quintero, Mayor/Chair
Bart Patel, Mayor Pro Tem/Authority Member
Juventino “J” Gomez, Councilmember/Authority Member
Norma Macias, Councilmember/Authority Member
Victoria Martinez, Councilmember/Authority Member
3. APPROVAL OF AGENDA
4. 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
City Council Special Meeting of August 6, 2015
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. 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.
5. SPECIAL MEETING AGENDA:
5.1 CONSIDERATION AND APPROVAL OF THE SUBMISSION OF FOUR (4) BALLOT
MEASURES TO THE QUALIFIED ELECTORS, AT THE NOVEMBER 3, 2015 GENERAL
MUNICIPAL ELECTION OF THE CITY OF EL MONTE
IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Receive presentation by City staff;
2. Pose questions to City staff;
3. Receive comments from interested members of the public;
4. Pose follow up questions to City staff;
5. And:
a. Consider and approve the proposed Resolution if it desires to place a measure on the
November 3, 2015 ballot to modify the selection of City Clerk from election by the
voters to appointment by the City Council.
Resolution No. 9598
b. Consider and approve the proposed Resolution if it desires to place a measure on the
November 3, 2015 ballot to modify the selection of City Treasurer from election by the
voters to appointment by the City Council.
Resolution No. 9599
El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Water Authority
Page 2 of 3
City Council Special Meeting of August 6, 2015
c. Consider and approve the proposed Resolution if it desires to place a measure on the
November 3, 2015 ballot to reestablish the selection of the Mayor by the City Council
from among its members on a rotating basis.
Resolution No. 9600
d. Consider and approve the proposed Resolution if it desires to place a measure on the
November 3, 2015 ballot to impose term limits on the office elected Mayor, as
specified below.
Resolution No. 9601
6. ADJOURNMENT:
The next Regular Meeting of the City Council will be held on Tuesday, August 18, 2015 at 5:00 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. Although 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 conducted 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: August 5, 2015 at 4:00 p.m.
El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Water Authority
Page 3 of 3
CITY OF EL MONTE
OFFICE OF THE CITY ATTORNEY
CITY COUNCIL AGENDA REPORT
CITY COUNCIL MEETING OF AUGUST 6, 2015
August 5, 2015
The Honorable Mayor and City Council
City of El Monte
11333 Valley Boulevard
El Monte, CA 91731
Dear Mayor and City Council:
CONSIDERATION AND APPROVAL OF THE SUBMISSION OF FOUR (4) BALLOT
MEASURES TO THE QUALIFIED ELECTORS, AT THE NOVEMBER 3, 2015
GENERAL MUNICIPAL ELECTION OF THE CITY OF EL MONTE
IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Consider and approve the proposed Resolution if it desires to place a measure
on the November 3, 2015 ballot to modify the selection of City Clerk from election
by the voters to appointment by the City Council.
2. Consider and approve the proposed Resolution if it desires to place a measure
on the November 3, 2015 ballot to modify the selection of City Treasurer from
election by the voters to appointment by the City Council.
3. Consider and approve the proposed Resolution if it desires to place a measure
on the November 3, 2015 ballot to reestablish the selection of the Mayor by the
City Council from among its members on a rotating basis.
4. Consider and approve the proposed Resolution if it desires to place a measure
on the November 3, 2015 ballot to impose term limits on the office elected Mayor,
as specified below.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
On June 2, 2015, the City Council of the City of El Monte (the “City Council”) approved
Resolution No. 9564, which called and gave notice of a General Municipal Election to
be held on Tuesday, November 3, 2015 (the “2015 City Election”) for the City of El
Monte (the “City”) voters to elect candidates to the offices of Mayor and City Council.
On the same day, the City Council of the City of El Monte approved Resolution No.
9565, which requested consolidation of the 2015 City Election with the Los Angeles
County-Administered Uniform District Election Law Election (the “UDEL Election”) to
occur the same day.
HONORABLE MAYOR AND CITY COUNCIL
August 5, 2015
PAGE 2
The City Council also approved Resolution No. 9566 on June 2, 2015, which requested
the Office of the Registrar-Recorder/County Clerk of the County of Los Angeles (the
“County Registrar”) render election services for the City’s 2015 City Election. On the
same day, the City Council of the City of El Monte approved Resolution No. 9567, which
adopted regulations relating to candidate statements for the 2015 City Election.
Elections Code Sections 9280 et seq. sets forth the procedures and requirements for
the preparation and submission of ballot arguments and corresponding rebuttal
arguments in connection with City-initiated ballot measures.
There are four (4) separate Resolutions presented for City Council consideration. Each
Resolution pertains to a discrete ballot measure that the City Council may approve for
submission to qualified voters at the 2015 City Election.
Measure to Modify the Selection of the City Clerk from Election by the Voters to
Appointment by the City Council
The proposed measure would make the City Clerk an appointive position, which would
be appointed by the City Council, in lieu of voter election. The office of City Clerk is
currently an elective office in which the City’s qualified voters elect a person as City
Clerk, who serves a term of four (4) years. If approved, appointment would not be
permitted until the term of the currently elected City Clerk expires in 2017.
Measure to Modify the Selection of the City Treasurer from Election by the Voters to
Appointment by the City Council
The office of City Treasurer is currently an elective office in which the City’s qualified
voters elect a person as City Treasurer, who serves a term of four (4) years. The
proposed measure would make the City Treasurer an appointive position, which would
be appointed by the City Council, in lieu of voter election. If approved, appointment
would not be permitted until the term of the currently elected City Treasurer expires in
2017.
Measure to Modify the Selection of the City Clerk from Election by the Voters to
Appointment by the City Council
The City Council’s approval of this proposed Resolution would submit the question of
reestablishing the City Council as a five (5) member body which selects the Mayor from
among its members on a rotating basis to the City’s voters at the November 3, 2015
General Municipal Election. This new City Council composition, if approved by the
voters, would become effective upon the expiration of the two-year term in 2017 of the
Mayor duly elected by the voters at the 2015 City Municipal Election. The measure
HONORABLE MAYOR AND CITY COUNCIL
August 5, 2015
PAGE 3
would enable the City Council to adopt policies regarding the frequency and parameters
for the selection of Mayor by Resolution.
Measure to Impose Term Limits on the Elected Mayor
This measure would impose a term limit for the City’s elected Mayor which would limit
service as elected Mayor to a certain number of terms, and following a period of
absence from the office of elected Mayor, a new consecutive term limit would apply.
The proposed Resolution requires the City Council to specifically confirm the number of
terms and period of absence (if any) required before again seeking office. Such term
limits would apply prospectively and only so long as the office of Mayor is directly
elected by the voters.
FISCAL IMPACT/FINANCING
Staff contacted the County Registrar for an estimate as to the cost of adding each ballot
measure for the 2015 City Election. The County Registrar has not yet been able to
provide an estimate. However, according to the office of the City Clerk, three (3) ballot
measures cost the City $98,000 in election costs in 2013.
CONCLUSION
It is recommended that the City Council consider each of the four (4) proposed
resolutions concerning discrete ballot measures for potential consideration by the voters
at the 2015 City Election.
HONORABLE MAYOR AND CITY COUNCIL
August 5, 2015
PAGE 4
Respectfully submitted,
JESÚS M. GOMEZ
City Manager
DAVID F. GONDEK
Assistant City Attorney
Attachment:
1. Resolution with exhibit Ordinance
2. Resolution with exhibit Ordinance
3. Resolution with exhibit Ordinance
4. Resolution with exhibit Ordinance
DATE: August 6, 2015
PRESENTED TO EL MONTE
CITY COUNCIL
□ APPROVED
□ DENIED
□ PULLED
□ RECEIVE AND FILE
□ CONTINUED
□ REFERRED TO
CHIEF DEPUTY CITY CLERK
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL MONTE ORDERING THE SUBMISSION TO THE
QUALIFIED ELECTORS OF THE CITY BALLOT
MEASURE TO MAKE THE CITY CLERK AN APPOINTED
OFFICER OF THE CITY AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3,
2015, SETTING PRIORITIES FOR THE FILING OF
WRITTEN ARGUMENTS AND REBUTTALS, AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS
WHEREAS, on June 2, 2015 the City Council of the City of El Monte (the “City
Council”) approved Resolution No. 9564, which called a General Municipal Election to
be held on Tuesday, November 3, 2015 (the “2015 City Election) for the City of El
Monte (the “City”) voters to elect candidates to the offices of Mayor, City Clerk, City
Clerk, and City Council; and
WHEREAS, on June 2, 2015 the City Council of the City of El Monte approved
Resolution No. 9565, which requested consolidation of the 2015 City Election with the
Los Angeles County-Administered Uniform District Election Law Election (the “UDEL
Election”) to occur the same day; and
WHEREAS, on June 2, 2015 the City Council of the City of El Monte approved
Resolution No. 9566, which requested the Office of the Registrar-Recorder/County
Clerk of the County of Los Angeles (the “County Registrar”) render election services for
the City’s 2015 City Election; and
WHEREAS, the City Council also desires to submit to the City voters, at its 2015
City Election, a ballot measure relating to a change in the organizational structure of the
Office of the City Clerk of the City from an elected officer of the City to an officer who
shall be appointed by the City Council, or designee, as provided by Government Code
Section 36510; and
WHEREAS, Elections Code Section 9280 et seq. sets forth the procedures and
requirements for the preparation and submission of ballot arguments and corresponding
rebuttal arguments in connection with City-initiated ballot measures.
BASED UPON THE ABOVE RECITALS, THE CITY COUNCIL OF THE CITY OF
EL MONTE, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS
FOLLOWS:
SECTION 1. The facts set forth in the recitals above are true and correct.
SECTION 2. Pursuant to Elections Code Section 9222, the City Council will ask
the City voters to consider a measure at its 2015 City Election on November 3, 2015
(the “Measure”), relating to a change in the organizational structure of the Office of the
City Clerk of the City from an elected officer of the City to an officer who shall be
appointed by the City Council, or designee, as provided by Government Code Section
36510.
SECTION 3. The text of the Measure (also the “Ordinance”) to be submitted to
the voters is attached to this Resolution as Exhibit “A” and the question to be
submitted to the voters shall be as follows:
Appointive City Clerk Measure.
YES
Shall the office of the City Clerk be changed from an
official elected by the voters to an official appointed by
the City Council?
NO
SECTION 4. It is respectfully requested that the County Registrar assign the
letter “__” to the Measure set forth in Exhibit “A”.
SECTION 5. Pursuant to the requirements of Elections Code Section 10403, it is
respectfully requested that the Board of Supervisors of the County of Los Angeles (the
“Board of Supervisors”) consent and agree to the consolidation of the 2015 City Election
with the County-administered Uniform District Election Law Election (the “UDEL
Election”) of the same date, November 3, 2015.
SECTION 6. It is also respectfully requested that the Board of Supervisors
authorize and direct the County Registrar to canvass the returns of the consolidated
2015 City Election and that said election be held in all respects as if it were part and
parcel of the County-administered UDEL Election of the same date, November 3, 2015.
SECTION 7. It is respectfully requested that the Board of Supervisors authorize
and direct the County Registrar to:
A. Print and supply ballots for the 2015 City Election; and
B. Mail the City’s sample ballots and candidate’s statements of qualifications to
the registered voters in the City.
SECTION 8. It is also respectfully requested that the Board of Supervisors issue
instructions to the County Registrar to take any and all additional steps necessary for
the holding of the consolidated election requested above.
SECTION 9. The City Council, recognizing that additional costs may be incurred
by the County of Los Angeles in connection with an election or the Measure due to the
consolidation, agrees to reimburse the County of Los Angeles, for any such costs.
SECTION 10. The City Council hereby requests that the Registrar-
Recorder/County Clerk for the County of Los Angeles (hereinafter, the “County Clerk”),
in cooperation with the City, be authorized and directed to plan for, coordinate and
administer the 2015 City Election to be held on Tuesday, November 3, 2015 as part of
the County’s overall planning, coordination and administration of the UDEL Election to
be held on the same date.
SECTION 11. In connection with the consolidation of the 2015 City Election with
the UDEL Election, the City Council further requests that the County Clerk be
authorized and directed to a) review and verify absentee voter applications and
signatures; b) conduct registered voter verifications (including signature verifications)
associated with the processing of any proposed General Municipal Election ballot
measure; c) provide the City with the appropriate election precinct data, to the extent
required, in light of consolidation; d) make available to the City such election facilities,
ballot casting equipment and assistance as may be necessary to conduct the election in
compliance with state law; e) canvass the election returns; f) print and supply ballots for
the election; g) mail the City’s sample ballots, including any ballot measure questions,
arguments, rebuttals and impartial analyses; and h) administer the consolidated 2015
City Election in all respects as if it were part and parcel of the UDEL Election to be held
on the same date.
SECTION 12. The City Council authorizes any and all members of the City
Council to file a written argument(s) in favor of or against the Measure, accompanied by
the printed names and signatures of the author(s) submitting it, or if submitted on behalf
of an organization, the name of the organization, and the printed name and signature of
the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the
California Elections Code (Elec. Code, Section 9280, et seq.) and to amend the
argument(s) until and including the close of business on August 14, 2015 after which no
arguments for or against the Measure may be submitted to the City Clerk. Ballot
arguments may not exceed 300 words in length.
SECTION 13. Pursuant to Elections Code Section 9285, when the City Clerk has
selected the arguments for and against the Measure which will be printed and
distributed to the voters, the City Clerk shall send a copy of the argument in favor of the
Measure to the authors of any argument against the Measure and a copy of the
argument against the Measure to the authors of any argument in favor of the Measure
immediately upon receiving the argument.
SECTION 14. The author or a majority of the authors of an argument relating to
the Measure may prepare and submit a rebuttal argument not exceeding 250 words or
may authorize in writing any other person or persons to prepare, submit, or sign the
rebuttal argument. A rebuttal argument may not be signed by more than five (5)
persons.
SECTION 15. The rebuttal arguments shall be filed with the City Clerk, signed,
with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted
on behalf of an organization, the name of the organization, and the printed name and
signature of at least one of its principal officers no later than the close of business on
August 24, 2015, after such time no rebuttal arguments shall be accepted. The rebuttal
arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of
Argument. Rebuttal arguments shall be printed in the same manner as the direct
arguments. Each rebuttal argument shall immediately follow the direct argument which
it seeks to rebut.
SECTION 16. The City Council directs the City Clerk to transmit a copy of the
Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of
the Measure showing the effect of the Measure on existing law and the operation of the
Measure. The impartial analysis shall be filed by August 14, 2015 with the City Clerk for
the filing of primary arguments.
SECTION 17. The City Clerk is directed to file certified copies of this Resolution
with the County Registrar.
SECTION 18. This Resolution shall take effect immediately upon its adoption by
the City Council and the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of El
Monte at the special meeting of this ___ day of _______________, 2015.
Andre Quintero, Mayor
ATTEST:
Jonathan Hawes, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF EL MONTE )
I, Jonathan Hawes, City Clerk of the City of El Monte, hereby certify that the foregoing
Resolution No. ____ was passed and adopted by the City Council of the City of El
Monte, signed by the Mayor and attested by the City Clerk at a special meeting of said
Council held on the _______day of______________, 2015 and that said Resolution
was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Jonathan Hawes, City Clerk
EXHIBIT A
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EL MONTE CONVERTING THE OFFICE OF CITY
CLERK FROM ELECTED TO APPOINTIVE, IN
ACCORDANCE WITH GOVERNMENT CODE SECTION
36510, SUBJECT TO VOTER APPROVAL
WHEREAS, the City Council of the City of El Monte (the “City Council”) approved
Resolution No. 9564, which called a General Municipal Election to be held on Tuesday,
November 3, 2015 (the “2015 City Election”) for the City of El Monte (the “City”) voters
to elect candidates to the offices of Mayor, City Clerk, City Clerk, and City Council; and
WHEREAS, the City Council approved Resolution No. ____, which ordered the
submission of a ballot measure to the City voters at the 2015 City Election relating to a
change in the organizational structure of the Office of the City Clerk of the City from an
elected officer of the City to an officer who shall be appointed by the City Council, or
designee, as provided by Government Code Section 36510; and
WHEREAS, no City Clerk appointment shall occur until the expiration of the term
of the City Clerk to be elected at the 2015 City Election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL MONTE,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the recitals above are true and correct.
SECTION 2. Chapter 2.28 (Reserved) of Title 2 (Administration and Personnel)
of the El Monte Municipal Code is hereby amended in its entirety to now state the
following:
Chapter 2.28 CITY CLERK
Section 2.28.010 – Appointive Office.
In accordance with the government code section 36510, the
Office of City Clerk shall hereby be an appointive office.
Section 2.28.020 – Initial Appointment.
No person shall be appointed to the Office of City Clerk until
the expiration of the full four (4) year term of the City Clerk
duly elected by the City voters at the November 3, 2015
General Municipal Election.
SECTION 3. This Ordinance is not a “project” within the meaning of the
California Environmental Quality Action codified as section 21000 et seq. of the Public
Resources Code (“CEQA”) because it will not result in a direct or reasonably
foreseeable indirect physical change in the environment nor does it involve any
commitment to any specific project which may result in a potentially significant physical
impact on the environment.
SECTION 4. Inconsistent Provisions. Any provision of the El Monte Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the
extent of such inconsistencies and no further, is hereby repealed or modified to the
extent necessary to implement the provisions of his Ordinance.
SECTION 5. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held
to be invalid or unconstitutional by a decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance or
any part thereof. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof,
irrespective of the fact that any one or more section, subsection, subdivision, paragraph,
sentence, clause or phrase would be subsequently declared invalid or unconstitutional.
SECTION 6. Publication and Effective Date. The Mayor shall sign and the City
Clerk shall attest to the passage of this Ordinance. The City Clerk shall timely cause
the same to be published once in the official newspaper. This Ordinance shall become
effective upon the certification of an affirmative majority vote of the City voters at the
November 3, 2015 General Municipal Election
PASSED, APPROVED AND ADOPTED by the City Council of the City of El
Monte at the regular meeting of this ___ day of _______________, 2015.
Andre Quintero, Mayor
ATTEST:
Jonathan Hawes, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF EL MONTE )
I, Jonathan Hawes, City Clerk of the City of EL Monte, hereby certify that the foregoing
Ordinance No._____ was approved upon the certification of an affirmative majority vote
of the City voters at the November 3, 2015 General Municipal Election, on the _____
day of _______________, 2015 by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Jonathan Hawes, City Clerk
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL MONTE ORDERING THE SUBMISSION TO THE
QUALIFIED ELECTORS OF THE CITY BALLOT
MEASURE TO MAKE THE CITY TREASURER AN
APPOINTIVE OFFICER OF THE CITY AT THE GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 3, 2015, SETTING PRIORITIES FOR THE
FILING OF WRITTEN ARGUMENTS AND REBUTTALS,
AND DIRECTING THE CITY ATTORNEY TO PREPARE
AN IMPARTIAL ANALYSIS
WHEREAS, on June 2, 2015 the City Council of the City of El Monte (the “City
Council”) approved Resolution No. 9564, which called a General Municipal Election to
be held on Tuesday, November 3, 2015 (the “2015 City Election) for the City of El
Monte (the “City”) voters to elect candidates to the offices of Mayor, City Clerk, City
Treasurer, and City Council; and
WHEREAS, on June 2, 2015 the City Council of the City of El Monte approved
Resolution No. 9565, which requested consolidation of the 2015 City Election with the
Los Angeles County-Administered Uniform District Election Law Election (the “UDEL
Election”) to occur the same day; and
WHEREAS, on June 2, 2015 the City Council of the City of El Monte approved
Resolution No. 9566, which requested the Office of the Registrar-Recorder/County
Clerk of the County of Los Angeles (the “County Registrar”) render election services for
the City’s 2015 City Election; and
WHEREAS, the City Council also desires to submit to the City voters, at its 2015
City Election, a ballot measure relating to a change in the organizational structure of the
Office of the City Treasurer of the City from an elected officer of the City to an officer
who shall be appointed by the City Council, or designee, as provided by Government
Code section 36510; and
WHEREAS, Elections Code sections 9280 et seq. sets forth the procedures and
requirements for the preparation and submission of ballot arguments and corresponding
rebuttal arguments in connection with City-initiated ballot measures.
BASED UPON THE ABOVE RECITALS, THE CITY COUNCIL OF THE CITY OF
EL MONTE, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS
FOLLOWS:
SECTION 1. The facts set forth in the recitals above are true and correct.
SECTION 2. Pursuant to Elections Code section 9222, the City Council will ask
the City voters to consider the Measure at its 2015 City Election on November 3, 2015
(the “Measure”), relating to a change in the organizational structure of the Office of the
City Treasurer of the City from an elected officer of the City to an officer who shall be
appointed by the City Council, or designee, as provided by Government Code section
36510.
SECTION 3. The text of the Measure (the “Ordinance”) to be submitted to the
voters is attached to this Resolution as Exhibit “A” and the question to be submitted to
the voters shall be as follows:
Appointive City Treasurer Measure.
YES
Shall the office of the City Treasurer be changed from
elected by the voters to appointed by the City Council?
NO
SECTION 4. It is respectfully requested that the County Registrar assign the
letters “__ __” to the Measure as set forth in Section 3 of this Resolution.
SECTION 5. Pursuant to the requirements of Elections Code section 10403, it is
respectfully requested that the Board of Supervisors of the County of Los Angeles (the
“Board of Supervisors”) consent and agree to the consolidation of the 2015 City Election
with the County-administered UDEL Election of the same date, November 3, 2015.
SECTION 6. It is also respectfully requested that the Board of Supervisors
authorize and direct the County Registrar to canvass the returns of the consolidated
2015 City Election and that said election be held in all respects as if it were part and
parcel of the County-administered UDEL Election of the same date, November 3, 2015.
SECTION 7. It is respectfully requested that the Board of Supervisors authorize
and direct the County Registrar to:
A. Print and supply ballots for the 2015 City Election; and
B. Mail the City’s sample ballots and candidate’s statements of
qualifications to the registered voters in the City.
SECTION 8. It is also respectfully requested that the Board of Supervisors issue
instructions to the County Registrar to take any and all additional steps necessary for
the holding of the consolidated election requested above.
SECTION 9. The City Council, recognizing that additional costs may be incurred
by the County of Los Angeles in connection with an election on the measure, due to the
consolidation, agrees to reimburse the County of Los Angeles, for any such costs.
SECTION 10. The City Council hereby requests that the Registrar-
Recorder/County Clerk for the County of Los Angeles (hereinafter, the “County Clerk”),
in cooperation with the City, be authorized and directed to plan for, coordinate and
administer the 2015 City Election to be held on Tuesday, November 3, 2015 as part of
the County’s overall planning, coordination and administration of the UDEL Election to
be held on the same date.
SECTION 11. In connection with the consolidation of the 2015 City Election with
the UDEL Election, the City Council further requests that the County Clerk be
authorized and directed to a) review and verify absentee voter applications and
signatures; b) conduct registered voter verifications (including signature verifications)
associated with the processing of any proposed General Municipal Election ballot
measure; c) provide the City with the appropriate election precinct data, to the extent
required, in light of consolidation; d) make available to the City such election facilities,
ballot casting equipment and assistance as may be necessary to conduct the election in
compliance with state law; e) canvass the election returns; f) print and supply ballots for
the election; g) mail the City’s sample ballots, including any ballot measure questions,
arguments, rebuttals and impartial analyses; and h) administer the consolidated 2015
City Election in all respects as if it were part and parcel of the UDEL Election to be held
on the same date.
SECTION 12. The City Council authorizes any and all members of the City
Council to file a written argument(s) in favor of or against the Measure, accompanied by
the printed names and signatures of the author(s) submitting it, or if submitted on behalf
of an organization, the name of the organization, and the printed name and signature of
the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the
California Elections Code (Elections Code section 9280, et seq.) and to amend the
argument(s) until and including the close of business on August 14, 2015 after which no
arguments for or against the Measure may be submitted to the City Clerk. Ballot
arguments may not exceed 300 words in length.
SECTION 13. Pursuant to Elections Code section 9285, when the City Clerk has
selected the arguments for and against the Measure which will be printed and
distributed to the voters, the City Clerk shall send a copy of the argument in favor of the
Measure to the authors of any argument against the Measure and a copy of the
argument against the Measure to the authors of any argument in favor of the Measure
immediately upon receiving the argument.
SECTION 14. The author or a majority of the authors of an argument relating to
the Measure may prepare and submit a rebuttal argument not exceeding 250 words or
may authorize in writing any other person or persons to prepare, submit, or sign the
rebuttal argument. A rebuttal argument may not be signed by more than five persons.
SECTION 15. The rebuttal arguments shall be filed with the City Clerk, signed,
with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted
on behalf of an organization, the name of the organization, and the printed name and
signature of at least one of its principal officers no later than the close of business on
August 24, 2013, after such time no rebuttal arguments shall be accepted. The rebuttal
arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of
Argument. Rebuttal arguments shall be printed in the same manner as the direct
arguments. Each rebuttal argument shall immediately follow the direct argument which
it seeks to rebut.
SECTION 16. The City Council directs the City Clerk to transmit a copy of the
Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of
the Measure showing the effect of the Measure on existing law and the operation of the
Measure. The impartial analysis shall be filed by August 14, 2015 with the City Clerk for
the filing of primary arguments.
SECTION 17. The City Clerk is directed to file certified copies of this Resolution
with the County Registrar.
SECTION 18. This Resolution shall take effect immediately upon its adoption by
the City Council and the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of El
Monte at the special meeting of this ___ day of _______________, 2015.
Andre Quintero, Mayor
ATTEST:
Jonathan Hawes, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF EL MONTE )
I, Jonathan Hawes, City Clerk of the City of El Monte, hereby certify that the foregoing
Resolution No. ____ was passed and adopted by the City Council of the City of El
Monte, signed by the Mayor and attested by the City Clerk at a special meeting of said
Council held on the _______day of______________, 2015 and that said Resolution
was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Jonathan Hawes, City Clerk
EXHIBIT A
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EL MONTE CONVERTING THE OFFICE OF CITY
TREASURER FROM ELECTED TO APPOINTIVE, IN
ACCORDANCE WITH GOVERNMENT CODE SECTION
36510, SUBJECT TO VOTER APPROVAL
WHEREAS, the City Council of the City of El Monte (the “City Council”) approved
Resolution No. 9564, which called a General Municipal Election to be held on Tuesday,
November 3, 2015 (the “2015 City Election”) for the City of El Monte (the “City”) voters
to elect candidates to the offices of Mayor, City Clerk, City Treasurer, and City Council;
and
WHEREAS, the City Council approved Resolution No. ____, which ordered the
submission of a ballot measure to the City voters at the 2015 City Election relating to a
change in the organizational structure of the Office of the City Treasurer of the City from
an elected officer of the City to an officer who shall be appointed by the City Council, or
designee, as provided by Government Code section 36510; and
WHEREAS, no City Treasurer appointment shall occur until the expiration of the
term of the City Treasurer to be elected at the 2015 City Election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL MONTE,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the recitals above are true and correct.
SECTION 2. Chapter 2.26 (Reserved) of Title 2 (Administration and Personnel) of the
El Monte Municipal Code is hereby amended in its entirety to now state the following:
Chapter 2.26 TREASURER
Section 2.26.010 – Appointive Office.
In accordance with the Government Code section 36510, the Office
of City Treasurer shall hereby be an appointive office.
Section 2.26.020 – Initial Appointment.
No person shall be appointed to the Office of City Treasurer until
the expiration of the full four (4) year term of the City Treasurer duly
elected by the City voters at the November 3, 2015 General
Municipal Election.
SECTION 3. Section 2.20.020(I) of Chapter 2.20 (Director of Finance) of the El Monte
Municipal Code is hereby amended to read:
Supervise the License Division and the City Treasurer’s functions in
cooperation with the City Treasurer and supervise the Water Department
financial accounting and the Computer Services Division;
SECTION 4. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid, the remainder of the ordinance and the application of
such provision to other persons or circumstances shall not be affected thereby.
SECTION 5. This ordinance is not a “project” within the meaning of the California
Environmental Quality Action codified as section 21000 et seq. of the Public Resources
Code (“CEQA”) because it will not result in a direct or reasonably foreseeable indirect
physical change in the environment nor does it involve any commitment to any specific
project which may result in a potentially significant physical impact on the environment.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. The City Clerk shall timely cause the same to be published once in the
official newspaper. This Ordinance shall become effective upon the certification of an
affirmative majority vote of the City voters at the November 3, 2015 General Municipal
Election, subject to the limitation outlined in Section 2.26.020 of the El Monte Municipal
Code.
PASSED, APPROVED AND ADOPTED this ___________ day of___________, 2015.
__________________________
Andre Quintero, Mayor
ATTEST:
__________________________
Jonathan Hawes, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF EL MONTE )
I, Jonathan Hawes, City Clerk of the City of EL Monte, hereby certify that the foregoing
Ordinance No._____ was approved upon the certification of an affirmative majority vote
of the City voters at the November 3, 2015 General Municipal Election, on the _____
day of _______________, 2015 by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Jonathan Hawes, City Clerk
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL MONTE ORDERING THE SUBMISSION TO THE
QUALIFIED ELECTORS OF THE CITY BALLOT
MEASURE TO REESTABLISH THE SELECTION OF
MAYOR BY THE CITY COUNCIL FROM AMONG ITS
MEMBERS ON A ROTATING BASIS, IN ACCORDANCE
WITH GOVERNMENT CODE SECTIONS 34902 AND
36801, AT THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 3, 2015, SETTING
PRIORITIES FOR THE FILING OF WRITTEN
ARGUMENTS AND REBUTTALS, AND DIRECTING THE
CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS
WHEREAS, on June 2, 2015, the City Council of the City of El Monte (the “City
Council”) approved Resolution No. 9564, which called and gave notice of a General
Municipal Election to be held on Tuesday, November 3, 2015 (the “2015 City Election”)
for the City of El Monte (the “City”) voters to elect candidates to the offices of Mayor and
City Council; and
WHEREAS, on June 2, 2015, the City Council of the City of El Monte approved
Resolution No. 9565, which requested consolidation of the 2015 City Election with the
Los Angeles County-Administered Uniform District Election Law Election (the “UDEL
Election”) to occur the same day; and
WHEREAS, on June 2, 2015, the City Council of the City of El Monte approved
Resolution No. 9566, which requested the Office of the Registrar-Recorder/County
Clerk of the County of Los Angeles (the “County Registrar”) render election services for
the City’s 2015 City Election; and
WHEREAS, on June 2, 2015, the City Council of the City of El Monte approved
Resolution No. 9567, which adopted regulations relating to candidate statements for the
2015 City Election; and
WHEREAS, on May 27, 1981, the City Council approved Resolution No. 5040
which submitted three separate ballot measure questions to the qualified electors of the
City of El Monte to be voted on at the General Municipal Election of November 3, 1981;
and;
WHEREAS, the ballot measure questions submitted concerned (i) whether the
City Council should be composed of four elected Council members and one elected
Mayor; and, if the City Council were so structured (ii) whether the elected Mayor should
serve a two-year term or whether the elected Mayor should serve a four-year term; and
WHEREAS, prior to 1982, the City Council was composed of five (5) elected
Council members each of whom served staggered four-year terms; and
WHEREAS, at the General Municipal Election of November 3, 1981, El Monte
voters approved Proposition D approving the reorganization of the City Council to one in
which the City Council was composed of four (4) City Council members each of whom
served staggered four-year terms and one (1) elected Mayor; and
WHEREAS, at the same General Municipal Election of November 3, 1981, El
Monte voters also approved Proposition E which provided that the elected Mayor would
serve a term of no more than two (2) years before having to run for reelection; and
WHEREAS, at the same General Municipal Election of November 3, 1981, El
Monte voters rejected Proposition F which would have provided that the elected Mayor
would serve a term of no more than four (4) years before having to run for reelection;
and
WHEREAS, the results of the November 3, 1981 General Municipal Election
were confirmed by way of City Council Resolution No. 5172 approved December 8,
1981; and
WHEREAS, the new voter-approved composition of the City Council was codified
under the El Monte Municipal Code by way of City Council Ordinance No. 1997
approved on January 26, 1982; and
WHEREAS, Government Code section 34902(b) allows the City, upon majority
voter approval, to eliminate the office of Mayor and return to a composition of five (5)
elected Council members after the expiration of the incumbent Mayor’s term; and
WHEREAS, Government Code Section 36801 requires city councils in general
law cities to meet at the meetings at which the declaration of the election results of their
general municipal elections is made, and following the declaration of the election
results, choose one mayor and one mayor pro tempore from among its members; and
WHEREAS, the City Council desires to submit to the City voters, at its 2015 City
Election, a ballot measure (the “Measure”) relating to the return of the City Council
composition to its form a prior to 1982, in which it was composed of five (5) elected
Council members each of whom served staggered four-year terms, in accordance with
Government Code Section 34902(b); and
WHEREAS, the reestablishment of the selection of Mayor by the City Council
from among its members on a rotating basis, in accordance with Government Code
Sections 34902 and 36801 would take effect in 2017, upon the expiration of the two-
year term of the Mayor duly elected by the voters at the November 3, 2015 General
Municipal Election; and
WHEREAS, Elections Code Sections 9280 et seq. sets forth the procedures and
requirements for the preparation and submission of ballot arguments and corresponding
rebuttal arguments in connection with City-initiated ballot measures.
BASED UPON THE ABOVE RECITALS, THE CITY COUNCIL OF THE CITY OF
EL MONTE, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS
FOLLOWS:
SECTION 1. The facts set forth in the recitals above are true and correct.
SECTION 2. Pursuant to Elections Code Section 9222, the City Council will ask
the City voters to consider the Measure at its 2015 City Election on November 3, 2015,
to the return of the City Council composition to its form a prior to 1982, in which it was
composed of five (5) elected Council members each of whom served staggered four-
year terms, in accordance with Government Code Section 34902(b).
SECTION 3. The text of the Measure (the “Ordinance”) to be submitted to the
voters is attached to this Resolution as Exhibit “A” and the question to be submitted to
the voters shall be as follows:
Change from Elected Mayor to Appointed Mayor.
YES
Shall the direct election of the Mayor by the El Monte
voters be eliminated in favor of the City Council’s
selection of Mayor from among its five (5) members on
a rotating basis?
(NOTE: This Measure, if approved, will not take effect NO
until November 2017. Voters must still vote to elect a
Mayor for this November 3, 2015 General Municipal
Election for a two-year term.)
SECTION 4. It is respectfully requested that the County Registrar assign the
letters “__” the Measure as set forth in Section 3 of this Resolution.
SECTION 5. Pursuant to the requirements of Elections Code Section 10403, it is
respectfully requested that the Board of Supervisors of the County of Los Angeles (the
“Board of Supervisors”) consent and agree to the consolidation of the 2015 City Election
with the County-administered Uniform District Election Law Election (the “UDEL
Election”) of the same date, November 3, 2015.
SECTION 6. It is also respectfully requested that the Board of Supervisors
authorize and direct the County Registrar to canvass the returns of the consolidated
2015 City Election and that said election be held in all respects as if it were part and
parcel of the County-administered UDEL Election of the same date, November 3, 2015.
SECTION 7. It is respectfully requested that the Board of Supervisors authorize
and direct the County Registrar to:
A. Print and supply ballots for the 2015 City Election; and
B. Mail the City’s sample ballots and candidate’s statements of qualifications to
the registered voters in the City.
SECTION 8. It is also respectfully requested that the Board of Supervisors issue
instructions to the County Registrar to take any and all additional steps necessary for
the holding of the consolidated election requested above.
SECTION 9. The City Council, recognizing that additional costs may be incurred
by the County of Los Angeles due to the consolidation, agrees to reimburse the County
of Los Angeles, for any such costs.
SECTION 10. The City Council hereby requests that the Registrar-
Recorder/County Clerk for the County of Los Angeles (hereinafter, the “County Clerk”),
in cooperation with the City, be authorized and directed to plan for, coordinate and
administer the 2015 City Election to be held on Tuesday, November 3, 2015 as part of
the County’s overall planning, coordination and administration of the UDEL Election to
be held on the same date.
SECTION 11. In connection with the consolidation of the 2015 City Election with
the UDEL Election, the City Council further requests that the County Clerk be
authorized and directed to a) review and verify absentee voter applications and
signatures; b) conduct registered voter verifications (including signature verifications)
associated with the processing of any proposed General Municipal Election ballot
measure; c) provide the City with the appropriate election precinct data, to the extent
required, in light of consolidation; d) make available to the City such election facilities,
ballot casting equipment and assistance as may be necessary to conduct the election in
compliance with state law; e) canvass the election returns; f) print and supply ballots for
the election; g) mail the City’s sample ballots, including any ballot measure questions,
arguments, rebuttals and impartial analyses; and h) administer the consolidated 2015
City Election in all respects as if it were part and parcel of the UDEL Election to be held
on the same date.
SECTION 12. The City Council authorizes any and all members of the City
Council to file a written argument(s) in favor of or against the Measure, accompanied by
the printed names and signatures of the author(s) submitting it, or if submitted on behalf
of an organization, the name of the organization, and the printed name and signature of
the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the
California Elections Code (Elec. Code, Section 9280, et seq.) and to amend the
argument(s) until and including the close of business on August 14, 2015 after which no
arguments for or against the Measure may be submitted to the City Clerk. Ballot
arguments may not exceed 300 words in length.
SECTION 13. Pursuant to Elections Code Section 9285, when the City Clerk has
selected the arguments for and against the Measure which will be printed and
distributed to the voters, the City Clerk shall send a copy of the argument in favor of the
Measure to the authors of any argument against the Measure and a copy of the
argument against the Measure to the authors of any argument in favor of the Measure
immediately upon receiving the argument.
SECTION 14. The author or a majority of the authors of an argument relating to
the Measure may prepare and submit a rebuttal argument not exceeding 250 words or
may authorize in writing any other person or persons to prepare, submit, or sign the
rebuttal argument. A rebuttal argument may not be signed by more than five (5)
persons.
SECTION 15. The rebuttal arguments shall be filed with the City Clerk, signed,
with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted
on behalf of an organization, the name of the organization, and the printed name and
signature of at least one of its principal officers no later than the close of business on
August 24, 2015, after such time no rebuttal arguments shall be accepted. The rebuttal
arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of
Argument. Rebuttal arguments shall be printed in the same manner as the direct
arguments. Each rebuttal argument shall immediately follow the direct argument which
it seeks to rebut.
SECTION 16. The City Council directs the City Clerk to transmit a copy of the
Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of
the Measure showing the effect of the Measure on existing law and the operation of the
Measure. The impartial analysis shall be filed by August 14, 2015 with the City Clerk for
the filing of primary arguments.
SECTION 17. The City Clerk is directed to file certified copies of this Resolution
with the County Registrar.
SECTION 18. This Resolution shall take effect immediately upon its adoption by
the City Council and the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of El
Monte at the special meeting of this ___ day of _______________, 2015.
Andre Quintero, Mayor
ATTEST:
Jonathan Hawes, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF EL MONTE )
I, Jonathan Hawes, City Clerk of the City of El Monte, hereby certify that the foregoing
Resolution No. ____ was passed and adopted by the City Council of the City of El
Monte, signed by the Mayor and attested by the City Clerk at a special meeting of said
Council held on the _______day of______________, 2015 and that said Resolution
was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Jonathan Hawes, City Clerk
EXHIBIT A
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EL MONTE REESTABLISHING THE SELECTION OF
MAYOR BY THE CITY COUNCIL FROM AMONG ITS
MEMBERS ON A ROTATNG BASIS, IN ACCORDANCE
WITH GOVERNMENT CODE SECTIONS 34902 AND
36801, SUBJECT TO VOTER APPROVAL
WHEREAS, on June 2, 2015, the City Council of the City of El Monte (the “City
Council”) approved Resolution No. 9564, which called and gave notice of a General
Municipal Election to be held on Tuesday, November 3, 2015 (the “2015 City Election”)
for the City of El Monte (the “City”) voters to elect candidates to the offices of Mayor and
City Council; and
WHEREAS, on June 2, 2015, the City Council of the City of El Monte approved
Resolution No. 9565, which requested consolidation of the 2015 City Election with the
Los Angeles County-Administered Uniform District Election Law Election (the “UDEL
Election”) to occur the same day; and
WHEREAS, on June 2, 2015, the City Council of the City of El Monte approved
Resolution No. 9566, which requested the Office of the Registrar-Recorder/County
Clerk of the County of Los Angeles (the “County Registrar”) render election services for
the City’s 2015 City Election; and
WHEREAS, on June 2, 2015, the City Council of the City of El Monte approved
Resolution No. 9567, which adopted regulations relating to candidate statements for the
2015 City Election; and
WHEREAS, on August 4, 2015, the City Council approved Resolution No. ____,
which ordered the submission of a ballot measure to the City voters at the 2015 City
Election relating to the reestablishment of the selection of Mayor by the City Council
from among its members on a rotating basis, in accordance with Government Code
Sections 34902 and 36801; and
WHEREAS, no City Council appointment of Mayor shall occur until the expiration
of the four-year term of the Mayor duly elected by the voters at the November 3, 2015
General Municipal Election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL MONTE,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the recitals above are true and correct.
SECTION 2. Sections 2.08.010 through 2.08.050 of Chapter 2.08 (Mayor) of Title 2
(Administration and Personnel) of the El Monte Municipal Code is hereby amended in
its entirety to now state the following:
Section 2.08.010 – Title and purpose of measure.
By the passage of Measure ___, which was submitted to the
qualified electors of the City of El Monte at the consolidated
General Municipal Election of November 3, 2015, the people of the
City of El Monte resolved and ordained that the office of Mayor be
eliminated as an elective office effective on or immediately after the
certification of election results for the City’s November 2015
General Municipal Election. The City Council seat previously
occupied by the person elected to serve as Mayor at the November
3, 2015 General Municipal Election shall be converted into a
regular City Council seat with a corresponding four-year term. The
first election for this newly created regular City Council seat shall be
at the General Municipal election to be held in November of 2017.
The person elected to the new City Council seat shall have all of
the same powers, rights, privileges and obligations associated with
the other four City Council seats already in existence.
Section 2.08.020 – Selection of mayor and mayor pro tempore.
A. In accordance with Government Code Section 36801, after each
meeting in which the declaration of the election results for a
general municipal election is made pursuant to Sections 10262
and 10263 of the Elections Code, the City Council shall,
following the declaration of the election results, choose a Mayor
and a Mayor Pro Tempore from among its members; and
B. The City Council may establish, by resolution, policies regarding
the selection process for Mayor and Mayor Pro Tempore,
including but not limited to the frequency of such selections by
the City Council and the order of preference for such selections.
Section 2.08.030 – [RESERVED]
Section 2.08.040 – Mayor – basic functions and duties.
The City Council member holding the title of Mayor shall be the
official head of government of the City of El Monte and the Mayor
shall:
A. Act as the presiding official for all regular, special, closed
session or adjourned meetings of the City Council;
B. Serve as the chief ceremonial representative of the City of El
Monte for all ceremonial functions, unless otherwise agreed to,
by mutual agreement of the Mayor and the other city Council
members, on a case-by-case basis.
C. Sign all contracts, leases, licenses, recorded documents,
ordinances, resolutions, warrants and the like unless signing
authority has been delegated to another City official or City
officer pursuant to City Council resolution or ordinance; and
D. Perform such other duties as may be prescribed by law or may
be assigned to him or her by the City Council.
Section 2.08.050 – Mayor Pro Tempore
The Mayor Pro Tempore shall perform all of the functions of the
Mayor in the Mayor’s absence or for such period of time as the
Mayor is unable to perform ay or all of the functions and duties set
forth in Section 2.08.030, above.
SECTION 3. As the El Monte Municipal Code is replete with references to the Mayor,
including references which presuppose an elected Mayor who serves a two-year term of
office, the City Council by ordinance and without voter approval may make such other
harmonizing amendments to the El Monte Municipal Code, including Chapter 2.05
relating to the filling of vacancies, as may be necessary or desirable to reflect the fact
that the City Council, upon the approval of this Ordinance shall now be composed of a
five-member City Council who share the title of Mayor on a rotating basis.
SECTION 4. This Ordinance is not a “project” within the meaning of the California
Environmental Quality Action codified as section 21000 et seq. of the Public Resources
Code (“CEQA”) because it will not result in a direct or reasonably foreseeable indirect
physical change in the environment nor does it involve any commitment to any specific
project which may result in a potentially significant physical impact on the environment.
SECTION 5. Inconsistent Provisions. Any provision of the El Monte Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to the extent
necessary to implement the provisions of his Ordinance.
SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance, or any part thereof is for any reason held to be
invalid or unconstitutional by a decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance or any
part thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of
the fact that any one or more section, subsection, subdivision, paragraph, sentence,
clause or phrase would be subsequently declared invalid or unconstitutional.
SECTION 7. Publication and Effective Date. The Mayor shall sign and the City Clerk
shall attest to the passage of this Ordinance. The City Clerk shall timely cause the
same to be published once in the official newspaper. This Ordinance shall become
effective upon the certification of an affirmative majority vote of the City voters at the
November 3, 2015 General Municipal Election.
PASSED, APPROVED AND ADOPTED by the City Council of the City of El
Monte at the regular meeting of this ___ day of _______________, 2015.
Andre Quintero, Mayor
ATTEST:
Jonathan Hawes, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF EL MONTE )
I, Jonathan Hawes, City Clerk of the City of EL Monte, hereby certify that the foregoing
Ordinance No._____ was approved upon the certification of an affirmative majority vote
of the City voters at the November 3, 2015 General Municipal Election, on the _____
day of _______________, 2015 by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Jonathan Hawes, City Clerk
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL MONTE ORDERING THE SUBMISSION TO THE
QUALIFIED ELECTORS OF THE CITY A BALLOT
MEASURE TO IMPOSE TERM LIMITS ON THE ELECTED
MAYOR OF THE CITY, PURSUANT TO GOVERNMENT
CODE SECTION 36502(b), AT THE GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 3, 2015, SETTING PRIORITIES FOR THE
FILING OF WRITTEN ARGUMENTS AND REBUTTALS,
AND DIRECTING THE CITY ATTORNEY TO PREPARE
AN IMPARTIAL ANALYSIS
WHEREAS, on June 2, 2015, the City Council of the City of El Monte (the “City
Council”) approved Resolution No. 9564, which called and gave notice of a General
Municipal Election to be held on Tuesday, November 3, 2015 (the “2015 City Election”)
for the City of El Monte (the “City”) voters to elect candidates to the offices of Mayor and
City Council; and
WHEREAS, on June 2, 2015, the City Council of the City of El Monte approved
Resolution No. 9565, which requested consolidation of the 2015 City Election with the
Los Angeles County-Administered Uniform District Election Law Election (the “UDEL
Election”) to occur the same day; and
WHEREAS, on June 2, 2015, the City Council of the City of El Monte approved
Resolution No. 9566, which requested the Office of the Registrar-Recorder/County
Clerk of the County of Los Angeles (the “County Registrar”) render election services for
the City’s 2015 City Election; and
WHEREAS, on June 2, 2015, the City Council of the City of El Monte approved
Resolution No. 9567, which adopted regulations relating to candidate statements for the
2015 City Election; and
WHEREAS, prior to 1982, the City Council was composed of five (5) elected
Council members each of whom served staggered four-year terms; and
WHEREAS, at the General Municipal Election of November 3, 1981, El Monte
voters approved Proposition D approving the reorganization of the City Council to one in
which the City Council was composed of four (4) City Council members each of whom
served staggered four-year terms and one (1) elected Mayor; and
WHEREAS, at the same General Municipal Election of November 3, 1981, El
Monte voters also approved Proposition E which provided that the elected Mayor would
serve a term of no more than two (2) years before having to run for reelection; and
WHEREAS, at the same General Municipal Election of November 3, 1981, El
Monte voters rejected Proposition F which would have provided that the elected Mayor
would serve a term of no more than four (4) years before having to run for reelection;
and
WHEREAS, the results of the November 3, 1981 General Municipal Election
were confirmed by way of City Council Resolution No. 5172 approved December 8,
1981; and
WHEREAS, the new voter-approved composition of the City Council was codified
under the El Monte Municipal Code by way of City Council Ordinance No. 1997
approved on January 26, 1982; and
WHEREAS, general law and charter cities may limit the number of terms that
may be served by members of the city council and/or an elected mayor, pursuant to
Government Code Section 36502(b); and
WHEREAS, pursuant to Government Code Section 36502(b), any proposal to
limit the number of terms the elected Mayor may serve on the City Council shall apply
prospectively only and shall not become operative unless it is submitted to the electors
of the City at a regularly scheduled election and a majority of the votes cast on the
proposed term limits favor the adoption of the term limits; and
WHEREAS, the City Council seeks to enact term limits applicable to the elected
Mayor of the City, pursuant to Government Code 36502(b); and
WHEREAS, Elections Code Sections 9280 et seq. sets forth the procedures and
requirements for the preparation and submission of ballot arguments and corresponding
rebuttal arguments in connection with City-initiated ballot measures.
BASED UPON THE ABOVE RECITALS, THE CITY COUNCIL OF THE CITY OF
EL MONTE, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS
FOLLOWS:
SECTION 1. The facts set forth in the recitals above are true and correct.
SECTION 2. Pursuant to Elections Code Section 9222, the City Council will ask
the City voters to consider a measure at its 2015 City Election on November 3, 2015
(the “Measure”), regarding the establishment of term limits for the City’s elected Mayor,
in accordance with Government Code Section 36502(b). If approved, such term limits
would only apply to the office of Mayor so long as the Mayor is directly elected by the
voters pursuant to Government Code Section 34902(a).
SECTION 3. The text of the Measure (the “Ordinance”) to be submitted to the
voters is attached to this Resolution as Exhibit “A” and the question to be submitted to
the voters shall be as follows:
Term Limits for Elected Mayor.
YES
Shall a term limit for the City’s elected Mayor be
adopted which would limit service as elected Mayor to
___ (__) consecutive, two (2) year terms, and following
a ___ (__) year absence from the office of Mayor, a new
two (2) consecutive, ___ (__) year term limit would
apply? NO
SECTION 4. It is respectfully requested that the County Registrar assign the
letters “__” to the Measure as set forth in Section 3.
SECTION 5. Pursuant to the requirements of Elections Code Section 10403, it is
respectfully requested that the Board of Supervisors of the County of Los Angeles (the
“Board of Supervisors”) consent and agree to the consolidation of the 2015 City Election
with the County-administered Uniform District Election Law Election (the “UDEL
Election”) of the same date, November 3, 2015.
SECTION 6. It is also respectfully requested that the Board of Supervisors
authorize and direct the County Registrar to canvass the returns of the consolidated
2015 City Election and that said election be held in all respects as if it were part and
parcel of the County-administered UDEL Election of the same date, November 3, 2015.
SECTION 7. It is respectfully requested that the Board of Supervisors authorize
and direct the County Registrar to:
A. Print and supply ballots for the 2015 City Election; and
B. Mail the City’s sample ballots and candidate’s statements of qualifications to
the registered voters in the City.
SECTION 8. It is also respectfully requested that the Board of Supervisors issue
instructions to the County Registrar to take any and all additional steps necessary for
the holding of the consolidated election requested above.
SECTION 9. The City Council, recognizing that additional costs may be incurred
by the County of Los Angeles due to the consolidation, agrees to reimburse the County
of Los Angeles, for any such costs.
SECTION 10. The City Council hereby requests that the Registrar-
Recorder/County Clerk for the County of Los Angeles (hereinafter, the “County Clerk”),
in cooperation with the City, be authorized and directed to plan for, coordinate and
administer the 2015 City Election to be held on Tuesday, November 3, 2015 as part of
the County’s overall planning, coordination and administration of the UDEL Election to
be held on the same date.
SECTION 11. In connection with the consolidation of the 2015 City Election with
the UDEL Election, the City Council further requests that the County Clerk be
authorized and directed to a) review and verify absentee voter applications and
signatures; b) conduct registered voter verifications (including signature verifications)
associated with the processing of any proposed General Municipal Election ballot
measure; c) provide the City with the appropriate election precinct data, to the extent
required, in light of consolidation; d) make available to the City such election facilities,
ballot casting equipment and assistance as may be necessary to conduct the election in
compliance with state law; e) canvass the election returns; f) print and supply ballots for
the election; g) mail the City’s sample ballots, including any ballot measure questions,
arguments, rebuttals and impartial analyses; and h) administer the consolidated 2015
City Election in all respects as if it were part and parcel of the UDEL Election to be held
on the same date.
SECTION 12. The City Council authorizes any and all members of the City
Council to file a written argument(s) in favor of or against the Measure, accompanied by
the printed names and signatures of the author(s) submitting it, or if submitted on behalf
of an organization, the name of the organization, and the printed name and signature of
the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the
California Elections Code (Elec. Code, Section 9280, et seq.) and to amend the
argument(s) until and including the close of business on August 14, 2015 after which no
arguments for or against the Measure may be submitted to the City Clerk. Ballot
arguments may not exceed 300 words in length.
SECTION 13. Pursuant to Elections Code Section 9285, when the City Clerk has
selected the arguments for and against the Measure which will be printed and
distributed to the voters, the City Clerk shall send a copy of the argument in favor of the
Measure to the authors of any argument against the Measure and a copy of the
argument against the Measure to the authors of any argument in favor of the Measure
immediately upon receiving the argument.
SECTION 14. The author or a majority of the authors of an argument relating to
the Measure may prepare and submit a rebuttal argument not exceeding 250 words or
may authorize in writing any other person or persons to prepare, submit, or sign the
rebuttal argument. A rebuttal argument may not be signed by more than five (5)
persons.
SECTION 15. The rebuttal arguments shall be filed with the City Clerk, signed,
with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted
on behalf of an organization, the name of the organization, and the printed name and
signature of at least one of its principal officers no later than the close of business on
August 24, 2015, after such time no rebuttal arguments shall be accepted. The rebuttal
arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of
Argument. Rebuttal arguments shall be printed in the same manner as the direct
arguments. Each rebuttal argument shall immediately follow the direct argument which
it seeks to rebut.
SECTION 16. The City Council directs the City Clerk to transmit a copy of the
Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of
the Measure showing the effect of the Measure on existing law and the operation of the
Measure. The impartial analysis shall be filed by August 14, 2015 with the City Clerk for
the filing of primary arguments.
SECTION 17. The City Clerk is directed to file certified copies of this Resolution
with the County Registrar.
SECTION 18. This Resolution shall take effect immediately upon its adoption by
the City Council and the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of El
Monte at the special meeting of this ___ day of _______________, 2015.
Andre Quintero, Mayor
ATTEST:
Jonathan Hawes, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF EL MONTE )
I, Jonathan Hawes, City Clerk of the City of El Monte, hereby certify that the foregoing
Resolution No. ____ was passed and adopted by the City Council of the City of El
Monte, signed by the Mayor and attested by the City Clerk at a special meeting of said
Council held on the _______day of______________, 2015 and that said Resolution
was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Jonathan Hawes, City Clerk
EXHIBIT A
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EL MONTE ESTABLISHING TERM LIMITS FOR THE
ELECTED MAYOR OF THE CITY, PURSUANT TO
GOVERNMENT CODE SECTION 36502(B), SUBJECT TO
VOTER APPROVAL
WHEREAS, on June 2, 2015, the City Council of the City of El Monte (the “City
Council”) approved Resolution No. 9564, which called and gave notice of a General
Municipal Election to be held on Tuesday, November 3, 2015 (the “2015 City Election”)
for the City of El Monte (the “City”) voters to elect candidates to the offices of Mayor and
City Council; and
WHEREAS, on June 2, 2015, the City Council of the City of El Monte approved
Resolution No. 9565, which requested consolidation of the 2015 City Election with the
Los Angeles County-Administered Uniform District Election Law Election (the “UDEL
Election”) to occur the same day; and
WHEREAS, on June 2, 2015, the City Council of the City of El Monte approved
Resolution No. 9566, which requested the Office of the Registrar-Recorder/County
Clerk of the County of Los Angeles (the “County Registrar”) render election services for
the City’s 2015 City Election; and
WHEREAS, on June 2, 2015, the City Council of the City of El Monte approved
Resolution No. 9567, which adopted regulations relating to candidate statements for the
2015 City Election; and
WHEREAS, on August ___, 2015, the City Council approved Resolution No.
____, which ordered the submission of a ballot measure to the City voters at the 2015
City Election relating to the establishment of term limits for the City’s elected Mayor, in
accordance with Government Code Sections 36502(b); and
WHEREAS, general law and charter cities may limit the number of terms that
may be served by members of the city council and/or an elected mayor, pursuant to
Government Code Section 36502(b); and
WHEREAS, pursuant to Government Code Section 36502(b), any proposal to
limit the number of terms the elected Mayor may serve on the City Council shall apply
prospectively only and shall not become operative unless it is submitted to the electors
of the City at a regularly scheduled election and a majority of the votes cast on the
proposed term limits favor the adoption of the term limits; and
WHEREAS, the City Council seeks to enact term limits applicable to the elected
Mayor of the City, pursuant to Government Code 36502(b).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL MONTE,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the recitals above are true and correct.
SECTION 2. Section 2.08.020 of Chapter 2.08 (Mayor) of Title 2 (Administration
and Personnel) of the El Monte Municipal Code is hereby amended in its entirety to now
state the following:
Section 2.08.020 – Mayor – Election, term, term limits, and
compensation.
A. The Mayor shall be elected from the city at large and shall
serve for a term of two (2) years and until his or her successor
is elected and qualified.
B. Subsection A notwithstanding, no person shall serve more than
two (2) consecutive, two (2) year terms as elected Mayor. Any
person who is ineligible to serve as elected Mayor due to the
limitations set forth in this subsection, will again become
eligible to serve as elected Mayor provided not less than three
(3) years have or will have elapsed between the most recent
date of such person’s previous service as a elected Mayor and
the effective date of such person’s most recent election as
elected Mayor. After such a three (3) year absence, a new two-
consecutive, two (2) year term limit would apply.
C. He or she shall be entitled to reimbursement for actual and
necessary expenses incurred in the performance of his or her
official duties and shall receive a salary which shall be set by
ordinance in the same manner and subject to the same
conditions as the salaries of Councilmembers pursuant to the
provisions of Government Code Section 36516 as it now exists
or as it may be hereafter amended by the State Legislature.
SECTION 3. This Ordinance is not a “project” within the meaning of the
California Environmental Quality Action codified as section 21000 et seq. of the Public
Resources Code (“CEQA”) because it will not result in a direct or reasonably
foreseeable indirect physical change in the environment nor does it involve any
commitment to any specific project which may result in a potentially significant physical
impact on the environment.
SECTION 4. Inconsistent Provisions. Any provision of the El Monte Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the
extent of such inconsistencies and no further, is hereby repealed or modified to the
extent necessary to implement the provisions of his Ordinance.
SECTION 5. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held
to be invalid or unconstitutional by a decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance or
any part thereof. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof,
irrespective of the fact that any one or more section, subsection, subdivision, paragraph,
sentence, clause or phrase would be subsequently declared invalid or unconstitutional.
SECTION 6. Publication and Effective Date. The Mayor shall sign and the City
Clerk shall attest to the passage of this Ordinance. The City Clerk shall timely cause
the same to be published once in the official newspaper. This Ordinance shall become
effective upon the certification of an affirmative majority vote of the City voters at the
November 3, 2015 General Municipal Election
PASSED, APPROVED AND ADOPTED by the City Council of the City of El
Monte at the regular meeting of this ___ day of _______________, 2015.
Andre Quintero, Mayor
ATTEST:
Jonathan Hawes, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF EL MONTE )
I, Jonathan Hawes, City Clerk of the City of EL Monte, hereby certify that the foregoing
Ordinance No._____ was approved upon the certification of an affirmative majority vote
of the City voters at the November 3, 2015 General Municipal Election, on the _____
day of _______________, 2015 by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Jonathan Hawes, City Clerk
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