AGENDA
A SPECIAL MEETING
OF THE CUDAHY CITY COUNCIL
and JOINT MEETING of the
CITY OF CUDAHY AS SUCCESSOR AGENCY and HOUSING SUCCESSOR AGENCY
TO THE CUDAHY DEVELOPMENT COMMISSION
Tuesday, December 10, 2024 – 6:30 P.M.
Written materials distributed to the City Council within 24 hours of the City Council meeting shall be available on the City’s website for public inspection at www.cityofcudahy.com.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at (323) 773-5143 at least 24 hours in advance of the meeting.
Rules of Decorum
Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.
Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.
When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior, and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.
If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.) Jose R. Gonzalez, Mayor
Elizabeth Alcantar, Vice Mayor
Martin U. Fuentes, Council Member
Cynthia Gonzalez, Council Member
Daisy Lomelí, Council Member
This meeting will be conducted in
person, telephonically, and
electronically.
Council Chambers/Bedwell Hall
5240 Santa Ana Street
Cudahy, CA 90201
Teleconference Phone Number:
1 (669) 900-6833
Meeting ID: 832 9806 0633
https://us06web.zoom.us/j/83298060633
City of Cudahy
City Council and Successor Agency
Special Meeting Agenda
December 10, 2024, at 6:30 P.M.
1. CALL TO ORDER
2. ROLL CALL
Council / Agency Member Fuentes
Council / Agency Member Gonzalez
Council / Agency Member Lomelí
Vice Mayor / Vice Chair Alcantar
Mayor / Chair Gonzalez
3. PLEDGE OF ALLEGIANCE
4. LAND ACKNOWLEDGMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.
5. PRESENTATIONS
A. Danza Azteca Xinantecatl
B. Recognition of outgoing Mayor and Vice Mayor by Dignitaries
6. PUBLIC COMMENTS
(Each member of the public may provide a public comment in person, telephonically or electronically.
In person participants must submit one comment card if they wish to address the City Council. Only speakers that submit a comment card within the first 20 minutes of the meeting will be permitted to speak. Remote participants may provide public comment by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone, if they wish to address the City Council. Members of the public are permitted to speak for three (3) minutes concerning items on the council agenda. As provided under Government Code Section 54954.3(a), public comments for this special meeting shall be limited to matters listed on this special meeting agenda only.) (Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403).)
7. BUSINESS SESSION
A. Recognition of outgoing Council Members by the City of Cudahy Presented by the City Clerk
City of Cudahy
City Council and Successor Agency
Special Meeting Agenda
December 10, 2024, at 6:30 P.M.
Recommendation: It is recommended that the City Council recognize the outgoing Council Members and provide or receive any remarks.
B. Adoption of Resolution No. 24-42, Declaring Election of Persons to Office and Measure AA at the November 5, 2024, General Municipal Election of the City of Cudahy which was Consolidated with the Presidential General Election Administered by the County of Los Angeles on the Same Date (page 5)
Presented by the City Clerk
Recommendation: The City Council is requested to:
1. Adopt Resolution No. 24-42, reciting the fact of the City’s November 5, 2024, General Municipal Election and other related matters and declaring the results of said election in compliance with Elections Code Sections 10263 and 10264 And confirming and ratifying the adoption of Ordinance No. 758, entitled: “An Ordinance of the City Council of the City of Cudahy amending Section 2.04.100 (Term Limits) of Chapter 2.04 (City Council) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code, increasing term limits for Cudahy City Council Members from a maximum of two (2) four-year terms, to a maximum of three (3) four-year terms.
C. Oath of Office Administered to Elected Officials (i.e., Daisy Lomelí and Amanda Gomez) Presented by the City Clerk
Recommendation: It is recommended that the City Clerk Administer the official Oath of Office and deliver a Certificate of Election to the elected officials.
D. City Council Reorganization - Selection of Mayor and Vice Mayor for a One-Year Term Presented by the City Clerk
Recommendation: It is recommended that the City Council Select a Mayor and Vice Mayor for a one-year term.
8. ADJOURNMENT
City of Cudahy
City Council and Successor Agency
Special Meeting Agenda
December 10, 2024, at 6:30 P.M.
I, Richard Iglesias, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City’s website, City Hall, Clara Park, and Lugo Park not less than 24 hours prior to the meeting. A copy of said Agenda is on file in the City Clerk’sOffice.
Dated this 9th day of December 2024
Richard Iglesias
City Clerk
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
12/10/2024 Page 1 of 2
STAFF REPORT
Date: December 10, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: City Attorney’s Office
Subject: Adoption of Resolution No. 24-42, Declaring Election of Persons to Office and Measure AA at the November 5, 2024, General Municipal Election of the City of Cudahy which was Consolidated with the Presidential General Election Administered by the County of Los Angeles on the Same Date
RECOMMENDATION
The City Council is requested to:
1. Adopt Resolution No. 24-42, reciting the fact of the City’s November 5, 2024, General Municipal Election and other related matters and declaring the results of said election in compliance with Elections Code Sections 10263 and 10264 And confirming and ratifying the adoption of Ordinance No. 758, entitled: “An Ordinance of the City Council of the City of Cudahy amending Section 2.04.100 (Term Limits) of Chapter 2.04 (City Council) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code, increasing term limits for Cudahy City Council Members from a maximum of two (2) four-year terms, to a maximum of three (3) four-year terms.
BACKGROUND
On November 5, 2024, the City of Cudahy (“City”) conducted its General Municipal Election, which was consolidated with the presidential general election administered by the Los Angeles County Registrar-Recorder/County Clerk for the County of Los Angeles (“County Registrar”). City voters considered the election of two (2) members of the City Council for the full term of four years and Measure AA amending Section 2.04.100 (Term Limits) of Chapter 2.04 (City Council) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code and extending term limits for Cudahy City Council Members.
Item Number
4A
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
12/10/2024 Page 2 of 2
ANALYSIS
As required by Elections Code Section 10262(b), the City Clerk is required to certify the results to the City Council. In turn, the City Council, as required by Elections Code Section 10263(a)-(b), must then adopt a resolution that recites the fact of the City’s General Municipal Election and other matters enumerated under Elections Code Section 10264; and declares the results of the election so that newly elected officers may be installed, attached as Attachment A. Upon the approval of the resolution by the City Council, the City Clerk must then enter in its records a statement of the election results along with all other information required by Elections Code Section 10264. Thereafter, the City Clerk must deliver a certificate of election to each person elected and administer the oath of office to each elected official, per Elections Code Section 10265. Per Government Code Sections 1360 and 36507 and Article XX, Section 3 of the California Constitution, each city officer must take and file with the City Clerk the Constitutional oath of office before being installed.
Per Government Code Section 36801, following the declaration of elections results and the installation of elected officials, the incoming City Council, at the same meeting, shall choose one if its members to serve as Mayor and a second to serve as the Mayor Pro Tempore.
CONCLUSION
It is respectfully requested that the City Council approve the attached Resolution reciting the fact of the City’s November 5, 2024, General Municipal Election and declaring its results. Following the approval of the attached Resolution, the oath of office should be administered to those persons elected to office at the General Municipal Election per Election Code Section 10265.
STRATEGIC PLAN CORRELATION
None.
FINANCIAL IMPACT
None.
ATTACHMENTS
A. Resolution No. 24-42
B. Ordinance No. 758
RESOLUTION NO. 24-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA, DECLARING THE ELECTION OF
PERSONS TO OFFICE AND MEASURE BA AT THE
NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION
OF THE CITY OF CUDAHY WHICH WAS CONSOLIDATED
WITH THE PRESIDENTIAL GENERAL ELECTION
ADMINISTERED BY THE COUNTY OF LOS ANGELES ON
THE SAME DATE
WHEREAS, the City of Cudahy (the “City”) conducted a General Municipal Election on Tuesday, November 5, 2024, which was consolidated with the Presidential General Election administered by the Registrar-Recorder/County Clerk of the County of Los Angeles held on the same day (for purposes of this Resolution, the aforementioned election may hereinafter be referred to by the capitalized term “Election”); and WHEREAS, the Election was conducted for the purpose of electing two (2) members of the City Council for the full term of four years; and As part of the Election, Cudahy voters were also presented with the following ballot question, ballot Measure AA, which, if approved, would amend Section 2.04.100 (Term Limits) of Chapter 2.04 (City Council) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code, increasing term limits for Cudahy City Council Members from a maximum of two (2) four-year terms, to a maximum of three (3) four-year terms., which presented the following question to the Cudahy voters:
Shall the ordinance limiting the number of four-year terms that may be served by the members of the Cudahy City
Council be limited to three (3) terms be adopted?
[ ] YES
[ ] NO
WHEREAS, pursuant to Elections Code Section 15300 et seq., the RegistrarRecorder/County Clerk for the County of Los Angeles canvassed the returns of the Attachment A Page 7 of 20
Resolution No. 24-42
Election and has certified the results on December 3, 2024, and as required by Elections Code Section 10162(b), issued to the City Clerk a Certificate of the Canvass of the Election Returns for the Election; and
WHEREAS, notice of the Election was given in the time, form and manner as provided by law; that voting precincts were properly established; that Election officers were anointed 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 the time, form and manner required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, pursuant to Elections Code Section 10263, upon completing of the canvass and before installing new officers, the City Council must adopt a Resolution reciting the fact of the Election and declaring the results of said election; and WHEREAS, upon the approval of this Resolution, the City Clerk must then enter in its records a statement of the election results along with all other information required by Elections Code Section 10264.
BASED UPON THE ABOVE RECITALS, THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The recitals stated above are true and correct and incorporated herein by this reference.
SECTION 2. On November 5, 2024, the City undertook a consolidated General Municipal Election administered by the Registrar-Recorder/County Clerk of the County of Los Angeles (the “Registrar”), to wit, the Election.
SECTION 3. On December 3, 2024, the Registrar-Recorder/County Clerk of the County of Los Angeles issued a Certificate of the Canvass of the Election Returns for the Election (hereinafter, the “2024 Canvass”). A true and correct copy of the 2024 Canvass is attached hereto as Exhibit “A” and is incorporated by this reference as though fully set forth herein. In satisfaction of Elections Code Section 10263, the City Council hereby adopts the findings, calculations, and determinations of the 2024 Canvass as relates to the Election, including the number of votes cast in the City, the names of candidates voted for, the offices each person voted for, the number of votes given at each precinct to each candidate, and the overall number of votes given in the City to each candidate.
SECTION 4. At the City Election, two (2) seats having a term of four (4) years were up for election. The names of the persons voted for at the City Election were as follows: Daisy Lomeli, Erica Dominguez, and Amanda Gomez.
SECTION 5. The City Council does declare and determine that: Daisy Lomeli and Amanda Gomez were elected as Members of the City Council for the full term of four (4) years each. Daisy Lomeli received the most votes with 3,157; Amanda Gomez received
Resolution No. 24-42
the second most votes with 1,411; and Erica Dominguez received the third most votes with 1,172.
SECTION 6. At the City Election, Measure AA was passed and approved by a majority of those voting on the measure. Cudahy voters approved Measure AA by the following vote count: 2,795 votes cast in favor and 1,298 votes cast in opposition out of a total of 4,512 ballots cast.
SECTION 7. 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.
SECTION 8. Pursuant to Elections Code Section 10265, the City Clerk shall immediately sign and deliver to each person elected a certificate of election and administer to each person elected the oath of office prescribed in the California Constitution in accordance with Government Code Section 36507. Per Government Code Sections 1360 and 36507 and Article XX, Section 3 of the California Constitution, each newly elected official must take and file with the City Clerk the Constitutional oath of office before being installed.
SECTION 9. Following approval of this Resolution by the City Council, the City Clerk shall enter in its records a statement of the election results along with all other information required by Elections Code Section 10264.
SECTION 10. Per Government Code Section 36801, following the declaration of elections results and the installation of elected officials, the incoming City Council, at the same meeting, shall choose one if its members to serve as Mayor and a second to serve as the Mayor Pro Tempore.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at its special meeting on this 10th day of December 2024.
Jose R. Gonzalez
Mayor
ATTEST:
Richard Iglesias
City Clerk
Resolution No. 24-42
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 24-42 was passed and adopted by the City Council of the City of Cudahy at a special meeting held on the 10th day of December 2024, and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Richard Iglesias
City Clerk
Resolution No. 24-42
EXHIBIT “A”:
OFFICIAL 2024 ELECTION CANVASS
COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 29.1 -Page- 63 CUDAHY CITY GENERAL MUNICIPAL ELECTION Member of the City Council FINAL OFFICIAL V2
STATEMENT OF VOTES CAST
BY PRECINCT
Location Registration
Ballots
Cast
DAISY LOMELIERICA DOMINGUEZAMANDA GOMEZ
CUDAHY - 1550001A 556 381 153 167
VOTE BY MAIL SERIAL 0172 1,031 746 258 310
TOTAL 3,216 1,587 1,127 411 477
CUDAHY - 1550002A* 4 4 1 1
VOTE BY MAIL SERIAL 6345 1 1 0 0
TOTAL 7 5 5 1 1
CUDAHY - 1550004A 638 426 196 194
VOTE BY MAIL SERIAL 0173 819 591 193 261
TOTAL 2,979 1,457 1,017 389 455
CUDAHY - 1550009A 646 431 182 200
VOTE BY MAIL SERIAL 0174 817 577 189 278
TOTAL 3,022 1,463 1,008 371 478
COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 29.2 -Page- 64 CUDAHY CITY GENERAL MUNICIPAL ELECTION Member of the City Council FINAL OFFICIAL V2
STATEMENT OF VOTES CAST
BY PRECINCT
Location Registration
Ballots
Cast
DAISY LOMELIERICA DOMINGUEZAMANDA GOMEZ
PRECINCT TOTAL 1,844 1,242 532 562
VBM TOTAL 2,668 1,915 640 849
GRAND TOTAL 9,224 4,512 3,157 1,172 1,411
COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 243.1 -Page- 1337
CUDAHY CITY GENERAL MUNICIPAL ELECTION - MEASURE AA
FINAL OFFICIAL V2
STATEMENT OF VOTES CAST
BY PRECINCT
Location Registration
Ballots
Cast
YESNO
CUDAHY - 1550001A 556 348 139
VOTE BY MAIL SERIAL 0172 1,031 642 297
TOTAL 3,216 1,587 990 436
CUDAHY - 1550002A* 4 1 3
VOTE BY MAIL SERIAL 6345 1 1 0
TOTAL 7 5 2 3
CUDAHY - 1550004A 638 411 150
VOTE BY MAIL SERIAL 0173 819 502 258
TOTAL 2,979 1,457 913 408
CUDAHY - 1550009A 646 387 179
VOTE BY MAIL SERIAL 0174 817 503 272
TOTAL 3,022 1,463 890 451
COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 243.2 -Page- 1338
CUDAHY CITY GENERAL MUNICIPAL ELECTION - MEASURE AA
FINAL OFFICIAL V2
STATEMENT OF VOTES CAST
BY PRECINCT
Location Registration
Ballots
Cast
YESNO
PRECINCT TOTAL 1,844 1,147 471
VBM TOTAL 2,668 1,648 827
GRAND TOTAL 9,224 4,512 2,795 1,298
ORDINANCE NO. 758
THE PEOPLE OF THE CITY OF CUDAHY DO ORDAIN AS FOLLOWS:
SECTION 1. This measure shall be known and may be cited as “The Term Limits Extension Measure” (the “Measure”).
SECTION 2. Purpose and Intent. The purpose and intent of this Measure is to increase term limits for Cudahy City Council Members from a maximum of two (2) four-year terms, to a maximum of three (3) four-year terms.
SECTION 3. Legal Authority. Pursuant to Government Code Section 36502(b), the City Council may propose to limit or repeal a limit on the number of terms a member of the city council may serve on the city council. Any proposal to limit the number of terms a member of the city council 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 question favor the adoption of the proposal.
SECTION 4. Findings. The People of the City hereby find and declare the following:
A. On March 3, 2015, voters in the City of Cudahy approved a ballot measure imposing term limits on the city council members, prohibiting any council member from serving for more than two (2) four-year terms (“2015 Ballot Measure”).
B. The 2015 Ballot Measure was designed to count partial terms as full terms with regard to term limits.
C. The 2015 Ballot Measure prohibited more than two terms total, without mentioning consecutive terms.
D. Full city council terms for Cudahy City Council Members were set by law to be four years in length, which means the 2015 Ballot Measure, limited the amount of time any one person could spend on the council to a maximum of eight years.
SECTION 5. Section 2.04.100 (Term Limits) of Chapter 2.04 (City Council) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code is hereby amended in its entirety to read as follows:
“Pursuant to the authority granted to the city under Government Code section 36502(b), no person shall serve more than twelve (12) years, or three (3) four-year terms as a member of the Cudahy City Council.
Any person who, either by appointment or election, serves a partial term of office as a member of the city council for any portion of a term, shall be deemed, for the purposes of this section, to have served a full four-year term. Any member of the city council who resigns or is removed from office during a term shall be deemed to have served a full term.”
Attachment B Page 18 of 20
Ordinance No. 758
SECTION 6. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15601 (b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.
SECTION 7. Inconsistent Provisions. Any provision of the Cudahy Municipal Code, or appendices thereto, that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.
SECTION 8. 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 9. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Cudahy Municipal Code, as amended by this Ordinance, are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
SECTION 10. Effective Date. This Ordinance shall be in full force and effect upon the tenth day following certification by the City Council of the election returns indicating passage of this Measure/Ordinance by a majority of the voters casting votes on this Measure.
Ordinance No. 758
I hereby certify that the foregoing Ordinance was PASSED, APPROVED AND ADOPTED by the People of the City of Cudahy, California, voting on the 5th day of November 2024.
Mayor
ATTEST:
Richard Iglesias,
City Clerk