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City Council

Regular Meeting

El Monte, CA · August 6, 2015

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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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