NOTICE AND CALL
OF A
SPECIAL MEETING
OF THE
CITY COUNCIL
TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF
THE CITY OF BALDWIN PARK
NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, December 7, 2022 at 6:00 PM.
Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda.
NO OTHER BUSINESS WILL BE DISCUSSED
Posted: December 6, 2022.
Emmanuel J. Estrada
Mayor
AFFIDAVIT OF POSTING
I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of December 7, 2022.
Marlen Garcia,
City Clerk
AGENDA
BALDWIN PARK CITY COUNCIL
SPECIAL MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
December 7, 2022
6:00 PM
Audio Streaming will be available at:
https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at:
https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA
Emmanuel J. Estrada - Mayor
Daniel Damian - Mayor Pro Tem
Alejandra Avila - Council Member
Monica Garcia - Council Member
Paul C. Hernandez - Council Member
PLEASE TURN OFF ALL ELECTRONIC DEVICES
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda. In accordance with Chapter 39 of the
Baldwin Park Municipal Code, Speakers must
address the Council as a whole and refrain
from making impertinent, slanderous, or
profane remarks or disrupt the peace of the
meeting.
COMENTARIOS DEL PUBLICO
Se invita al público a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda.
De acuerdo con el capítulo 39 del Código Municipal
de la Ciudad de Baldwin Park, los comentaros deben
se dirigidos al Concilio como una sola entidad, y no
ser impertinentes, difamatorios, o profanos, o
interrumpir la paz de la reunión.
CITY COUNCIL
SPECIAL MEETING – 6:00 P.M.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
NATIONAL ANTHEM
ROLL CALL
Council Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Mayor Pro Tem Daniel Damian, and Mayor Emmanuel J. Estrada
REPORT FROM CLOSED SESSION
None
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos será el límite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circ unstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2]
If you wish to comm ent on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on October 19, 2022 to [email protected]. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, or sign, please indicate your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume.
NEW BUSINESS
1. PRESENTATIONS BY THE CITY TO OUTGOING MEMBERS OF THE CITY COUNCIL • Councilmember Paul C. Hernandez
• City Clerk Marlen Garcia
• City Treasurer Maria A. Contreras
2. RESOLUTION NO. 2022 -065 RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 8, 2022
Staff recommends that the City Council adopt Resolution No. 2022 -065 entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 8, 2022 AND DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW”.
3. ADMINISTRATION OF OATHS OF OFFICE AND PRESENTATION OF CERTIFICATES OF ELECTION TO RE-ELECTED AND NEWLY ELECTED OFFICIALS AS FOLLOWS:
• Mayor Emmanuel J. Estrada
• Councilmember Alejandra Avila
• Councilmember Jean M. Ayala
• City Clerk Christopher Saenz
• City Treasurer Joanna Valenzuela
4. COMMENTS BY RE-ELECTED AND NEWLY ELECTED OFFICIALS
• Mayor Emmanuel J. Estrada
• Councilmember Alejandra Avila
• Councilmember Jean M. Ayala
• City Clerk Christopher Saenz
• City Treasurer Joanna Valenzuela
REPORTS OF OFFICERS
5. REORGANIZATION OF THE CITY COUNCIL - SELECTION OF MAYOR PRO
TEMPORE
Staff recommends that the City Council complete the reorganization of the City Council, and follow the procedure as suggested for the selection of Mayor Pro Tempore as follows:
1. The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember may nominate and no second to the nomination is required;
2. After receiving all nominations, the City Clerk closes the nominations;
3. The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• Gavel Plaque Presentation to Mayor Pro Tem Daniel Damian. • Certificate Presentations by the State Officials to the Re- Elected/Out-Going/Newly- Elected Members of the Baldwin Park City Council:
Re-Elected Members of the City Council
• Mayor Emmanuel J. Estrada
• Council Member Alejandra Avila
Out-Going Members of the City Council
• Council Member Paul C. Hernandez
• City Clerk Marlen Garcia
• City Treasurer Maria A. Contreras
Newly-Elected Members of the City Council
• Council Member Jean M. Ayala
• City Clerk Christopher Saenz
• City Treasurer Joanna Valenzuela
ADJOURNMENT
CERTIFICATION
I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of December 7, 2022.
Marlen Garcia
City Clerk
For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 128 or e-mail [email protected]
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II)
STAFF REPORT
ITEM NO. ______2_________
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer/City Manager
DATE: December 7, 2022
SUBJECT: Approve Resolution No. 2022-065 Certifying the Results of the General Municipal Election Held on Tuesday, November 8, 2022
SUMMARY
This report requests the adoption of Resolution No. 2022- 065 certifying the results of the General Municipal Election held on November 8, 2022.
RECOMMENDATION
Staff recommends that Council Adopt Resolution No. 2022-065 entitled, "A Resolution of the City Council of the City of Baldwin Park, Reciting the Fact of the General Municipal Election held November 8, 2022, and Declaring the Results thereof, and such other Matters as Provided by Law”.
FISCAL IMPACT
There is no fiscal impact associated with this Resolution.
BACKGROUND
On November 8, 2022, a General Municipal Election was held (in consolidation with the Los Angeles County Uniform District Election). The offices voted upon were the office of Mayor, two positions for the office of City Council, one office for City Clerk, and one office for City Treasurer. Additionally, five ballot measures were voted upon; Measures BP, CB, CN, RM, and TL.
As authorized and requested by Resolution No. 2022- 065, a count of all ballots cast in Baldwin Park was made at the office of the Los Angeles County Registrar -Recorder/County Clerk, in Norwalk, California. Upon completion, the Final Official Statement of Votes Cast and Canvass of the Votes Cast was prepared and issued with a Certificate of Election. The Certificate of Election issued by the Los Angeles County Registrar -Recorder/County Clerk is included as A ttachment “A” to Resolution 2022- 065.
ALTERNATIVES
None
LEGAL REVIEW
This report and the associated Resolution has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Resolution No. 2022-065
RESOLUTION NO. 2022-065
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD NOVEMBER 8 , 2022, AND
DECLARING THE RESULTS THEREOF, AND SUCH OTHER
MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of Baldwin Park, California, on Tuesday, November 8, 2022, as required by law; and
WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in General Law cities; and
WHEREAS, the County Election’s Department canvassed the returns of the election and has certified the results to this City Council, t he results are received, attached and made a part hereof as “Exhibit A”.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
Section 1.
That the whole number of ballots cast in the precincts including provisional ballots was 2,317 and the whole number of vote by mail ballots cast in the City was 8,553 making a total of 10,870 ballots cast in the City.
Section 2. That the names of the persons voted for at the election are as follows:
FOR MAYOR:
EMMANUEL J. ESTRADA
ALBERT MURO
MANUEL LOZANO
FOR CITY COUNCIL:
JEAN M. AYALA
ALEJANDRA AVILA
RICARDO VAZQUES
PAUL C. HERNANDEZ
RALPH GALVAN
FOR CITY CLERK:
MARIA DAVALOS
CHRISTOPHER SAENZ
FOR CITY TREASURER:
JOANNA VALENZUELA
CHRISTOPHER F. GARRIDO
Section 2. That the measures voted upon and passed were as follows:
Measure BP, Measure CB, Measure CN, Measure RM, and Measure TL.
Section 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates and for and against the measure were as listed in Exhibit “A” attached.
Section 4. That the City Council does declare and determine that:
• Emmanuel J. Estrada was elected as Mayor for the full term of two years; and
• Alejandra Avila and Jean M. Ayala were elected as Members of the City Council for the full term of four years; and
• Christopher Saenz was elected as City Clerk for the full term of four years; and
• Joanna Valenzuela was elected as City Treasurer for the full term of four years.
Section 5. That the City Clerk shall enter on the official records of the City Council of the City, a statement of the result of the election showing: 1) The whole number of ballots cast in t he City; 2) The names of the persons voted for; 3) For what office each person was voted for 4) The number of votes given at each precinct to each person; and 5) the total number of votes given to each person.
Section 6.
That the City Clerk shall immediat ely make and deliver to each of the persons so elec ted a Certificate of Election signed by the City Clerk and authenticated and that each person elected shall have administered to him/her, an Oath of Office prescribed in the Constitution of the State of Cal ifornia and sh all have them subscribe to it and fi le it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.
Section 7. That the City C lerk shall cert ify to the pass age and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, AND ADOPTED this 7
th day of December, 2022.
_______________________________
EMMANUEL J. ESTRADA
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2020 -065 was duly adopted by the City Council of the City of Baldwin Park at a special meeting thereof held on December 7, 202 2 and that the same was adopted by the following vote to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
MARLEN GARCIA
CITY CLERK
STAFF REPORT
ITEM NO. ______5___________
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer/City Manager
DATE: December 7, 2022
SUBJECT: Reorganization of the City Council – Selection of Mayor Pro Tempore
SUMMARY
The purpose of this report is to complete the reorganization of the City Council with the selection of a new Mayor Pro Tempore as spelled out in the Baldwin Park Municipal Code.
RECOMMENDATION
Staff recommends City Council complete the reorganization of the City Council and follow procedures as suggested for the selection of Mayor Pro Tempore as follows:
1. The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember may nominate and no second to the nomination is required; and
2. After receiving nominations, the City Clerk closes the nominations; and
3. The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote.
FISCAL IMPACT
There is no fiscal impact associated with this item.
BACKGROUND
In accordance with Ordinance No. 1249, which established section 30.02 it is appropriate at this time to reorganize the City Council and select one of its members as Mayor Pro Tempore. Attachment 1 shows the recent rotation of Mayor Pro Tem.
§ 30.02 COUNCIL REORGANIZATION.
The Council shall reorganize and select one of its members as Mayor Pro Tempore, on the following occasions:
(A) In even-numbered years at the Council meeting at which the canvass of the results of the general municipal election are declared.
(B) In odd-numbered years at the first regular meeting conducted in the month of December. (C) At such other times as a majority of the City Council shall order.
ALTERNATIVES
None
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney.
ATTACHMENTS
1. Mayor Pro Tempore Roster
CITY OF BALDWIN PARK
ROSTER OF MAYORS AND MAYOR PRO TEM’S
MAYOR APPOINTED MAYOR PRO TEM APPOINTED
Henry J. Littlejohn January 25, 1956 Lynn H. Cole January 1956 Hub H. Bloxham April 17, 1956 to
March 4, 1957
Henry J. Littlejohn April 1956
Henry J. Littlejohn June 3, 1957 Lynn H. Cole June 1957 Lynn H. Cole April 15, 1958 Henry J. Littlejohn April 1958 Lynn H. Cole April 1959 Henry J. Littlejohn April 1959
Lynn H. Cole April 19, 1960 Letcher Bishop April 1960
Letcher Bishop June 19, 1961 Henry J. Littlejohn April 1961 Letcher Bishop April 10, 1962 Donald V. Holmes April 1962 Hub H. Bloxham April 17, 1963 Donald V. Holmes April 1963 Charles E. Morehead April 21, 1964 Adelina Gregory April 1964 Ivory D. Crites April 20, 1965 Adelina Gregory April 1965 Joseph McCaron April 19, 1966 Charles E. Morehead April 1966 Charles E. Morehead April 5, 1967 Ivory D. Crites April 1967 Joseph McCaron April 17, 1968 Charles E. Morehead April 1968 Joseph McCaron April 16, 1969 Charles E. Morehead April 1969 Joseph McCaron April 14, 1970 Adelina Gregory April 1970 Adelina Gregory April 7, 1971 Russell E. Blewett April 1971 Russell E. Blewett April 18, 1972 Leo W. King April 1972 Leo W. King April 17, 1973 Virgil V. Hamilton April 1973 Virgil V. Hamilton March 12, 1974 Adelina Gregory March 1974 Virgil V. Hamilton March 5, 1975 Joseph McCaron March 1975 Emmit R. Waldo
(Recalled 11/22/77)
March 9, 1976 Jerry R. Kitchel
(Recalled 11/22/77)
March 1976
Russell E. Blewett December 2, 1977 Virgil V. Hamilton December 1977 Russell E. Blewett
(Resigned 10/18/78)
March 14, 1978 Jack B. White March 1978
Jack B. White November 1, 1978 Robert H. McNeill November 1978 Jack B. White March 7, 1979 Felipe Aguilar, Jr. March 1979
THE MAYOR BECAME A “DIRECTLY ELECTED BY THE PEOPLE” OFFICE IN 1980
MAYOR ELECTED MAYOR PRO TEM APPOINTED
Jack B. White April 8, 1980 Robert H. McNeill
Leo W. King
April 1980
April 1981
Jack B. White April 13, 1982 Bobbie W. Izell
Robert H. McNeill
April 1982
April 1983
Roster of Mayors and Mayor Pro Tems
MAYOR ELECTED MAYOR PRO TEM APPOINTED
Jack B. White April 10, 1984 Leo W. King April 1984
** April 1986 Election Cancelled due to insufficient candidate filing - only incumbents filed ** Jack B. White
(Recalled 3/31/87)
Richard Gibson
Richard Gibson
April 1986
April 1987
Leo W. King July 21, 1987 Bobbie W. Izell August 1987
Leo W. King
(Resigned 12/2/89)
April 19, 1988 Julia S. McNeill
Bette L. Lowes
April 1988
April 1989
Bette L. Lowes April 17, 1990 Julia S. McNeill
Juliia S. McNeill
April 1990
April 1991
Fidel A. Vargas April 21, 1992 Martin Gallegos
Martin Gallegos
April 1992
April 1993
Fidel A. Vargas April 14, 1994 Raul Martinez
Raul Martinez
Teri Muse
April 1994
April 1995
April 1996
Bette Lowes March 4, 1997 Teri Muse
Manuel Lozano
March 1997
March 1998
Manuel Lozano March 2, 1999 Wm. “Bill” Van Cleave
Ricardo Pacheco
March 1999
March 2000
Manuel Lozano March 6, 2001 Linda Gair
Marlen Garcia
March 2001
March 2002
Manuel Lozano March 4, 2003 Wm. “Bill” Van Cleave
Ricardo Pacheco
March 2003
*March 2004 to
December 2005
*Term extended due to change
in election date from March to
November of Odd years
Manuel Lozano November 8, 2005 David J. Olivas
Marlen Garcia
December 21, 2005
December 6, 2006
Manuel Lozano November 6, 2007
Anthony J. Bejarano
Monica Garcia
December 5, 2007
December 17, 2008
Manuel Lozano November 3, 2009 Ricardo Pacheco
Marlen Garcia
December 16, 2009
December 1, 2010
Manuel Lozano November 8, 2011 Susan Rubio
Monica Garcia
December 7, 2011
December 5, 2012
Manuel Lozano November 5, 2013 Ricardo Pacheco
Cruz Baca
December 4, 2013
December 3, 2014
Manuel Lozano November 3, 2015
(election moved to
even # of years)
Monica Garcia
December 16, 2015
Manuel Lozano November 8, 2016 Susan Rubio
Ricardo Pacheco
December 7, 2016
December 6, 2017
Manuel Lozano November 6, 2018 Monica Garcia
Paul C. Hernandez
December 5, 2018
February 19, 2020
Emmanuel J. Estrada November 3, 2020 Alejandra Avila
Danial Damian
December 2, 2020
December 15, 2021