HomeMy WebLinkAbout2020-08-19 e-packet@6:31Wednesday, August 19, 2020
6:31 PM
City of South San Francisco
P.O. Box 711 (City Hall, 400 Grand Avenue)
South San Francisco, CA
TELECONFERENCE MEETING
Special City Council
Special Meeting Agenda
August 19, 2020Special City Council Special Meeting Agenda
TELECONFERENCE MEETING NOTICE
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE
GOVERNOR’S EXECUTIVE ORDERS N-25-20 AND N-29-20 ALLOWING FOR DEVIATION
OF TELECONFERENCE RULES REQUIRED BY THE BROWN ACT & PURSUANT TO THE
ORDER OF THE HEALTH OFFICER OF SAN MATEO COUNTY DATED MARCH 31, 2020 AS
THIS MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT NECESSARY
BUSINESS AND IS PERMITTED UNDER THE ORDER AS AN ESSENTIAL
GOVERNMENTAL FUNCTION.
The purpose of conducting the meeting as described in this notice is to provide the safest environment for staff
and the public while allowing for public participation.
Councilmembers Matsumoto, Nagales and Nicolas, Vice Mayor Addiego and Mayor Garbarino and essential
City staff will participate via Teleconference. Members of the public may submit their comments on any agenda
item or public comment via email or during the meeting.
PURSUANT TO RALPH M. BROWN ACT, GOVERNMENT CODE SECTION 54953, ALL VOTES
SHALL BE BY ROLL CALL DUE TO COUNCIL MEMBERS PARTICIPATING BY
TELECONFERENCE.
The public may view or comment during this meeting from a computer, laptop, tablet, or smartphone:
Special City Council Meeting
Time: Aug 19, 2020 06:31 PM Pacific Time (US and Canada)
Please click the link below to join the webinar:
https://us02web.zoom.us/j/82308425737
or Telephone: Dial (for higher quality, dial a number based on your current location):
US: +1 669 900 6833 or +1 346 248 7799 (Toll Free) or 833 548 0276 (Toll Free) or 833 548 0282
Webinar ID: 823 0842 5737
Please note that dialing in will only allow you to listen in on the meeting. To make a public comment during the
Zoom webinar, join the meeting from your computer or mobile device, enter your name, and request to
comment through the “raise your hand” function and a staff person will add you to the queue for comments and
unmute your microphone during the comment period.
Page 2 City of South San Francisco Printed on 12/15/2020
August 19, 2020Special City Council Special Meeting Agenda
Call to Order.
Roll Call.
Agenda Review.
Remote Public Comments - comments are limited to items on the Special Meeting Agenda.
Remote Public Comments Received1.
Members of the public wishing to participate are encouraged to submit public comments in writing in
advance of the meeting by 3:31 p.m. on Wednesday, August 19th. State law prevents Council from
taking action on any matter not on the agenda; your comments may be referred to staff for follow up.
Emails received before the meeting start time will be emailed to the City Council, posted on the
City’s website and will become part of the public record for that meeting. The email and phone line
below will be monitored during the meeting. If a comment is received after the set time or during the
meeting but before the close of the meeting, the comment will still be included as a part of the record
of the meeting. The Clerk will make every effort to read emails received but cannot guarantee such
emails will be read during the meeting, subject to the Mayor’s discretion to limit the total amount of
time for public comments (Gov. Code sec. 54954.3.(b)(1).). Comments that are not in compliance with
the City Council's rules of decorum may be summarized for the record.
Email: [email protected]
Public comments can be made on items not on the agenda, or must clearly identify the Agenda Item Number in
the SUBJECT Line of the email. The length of an email comment shall commensurate to the three minutes
customarily allowed per individual comment, approximately 300 words total.
City Council Hotline: (650) 829-4670
Please limit your voicemail to comply with the 3-minute time limitation for public comment.
ADMINISTRATIVE BUSINESS
Consideration of whether to appoint the only candidate for City Council in District 2,
Mark Nagales, to the office of City Council, District 2, or to proceed with an election
in Council District 2 on November 3, 2020. (Sky Woodruff, City Attorney and Rosa
Govea Acosta, City Clerk)
2.
Resolution of the City Council of the City of South San Francisco to appoint the only
candidate for the Office of City Council, District 2, that was to be elected on Tuesday,
November 3, 2020.
2a.
Adjournment.
Page 3 City of South San Francisco Printed on 12/15/2020
August 19, 2020Special City Council Special Meeting Agenda
Page 4 City of South San Francisco Printed on 12/15/2020
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:20-577 Agenda Date:8/19/2020
Version:1 Item #:1.
Remote Public Comments Received
City of South San Francisco Printed on 8/14/2020Page 1 of 1
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:20-575 Agenda Date:8/19/2020
Version:1 Item #:2.
Consideration of whether to appoint the only candidate for City Council in District 2,Mark Nagales,to the
office of City Council, District 2, or to proceed with an election in Council
District 2 on November 3, 2020.(Sky Woodruff, City Attorney and Rosa Govea Acosta, City Clerk)
RECOMMENDATION
Consider adopting a resolution appointing the only candidate in City Council District 2,Mark Nagales,to the
office of South San Francisco City Council,District 2,for a term of four years,or proceed with an election in
Council District 2.
BACKGROUND/DISCUSSION
On June 10,2020,the City Council adopted Resolution No.74-2020 (Attachment 1)calling for the City of
South San Francisco City to hold a General Municipal Election on November 3,2020 in order to elect City
Council members in City Council Districts 2 and 4.The candidate nomination period for City Council
candidates was July 13, 2020 through Friday, August 7, 2020.
The candidate nomination period was extended and closed on Wednesday,August 12,2020.Only one qualified
candidate was nominated by the electors in City Council District 2.In circumstances where there is only one
candidate in a district,California Election Code Section 10229 prescribes that the City Clerk shall present a
certificate of these facts to the governing body of the city,(Attachment B),who may then at a regular or special
meeting before the election, adopt one of three actions. The City Council may:
1. Appoint to the office the person who has been nominated, if there is only one; or
2. Appoint to the office an eligible elector if no one has been nominated; or
3. Hold the election, if either no one or only one person has been nominated.
This notice of these facts was posted on August 14,2020 and will be published on August 20,2020,in a
newspaper of general circulation in the city pursuant to California Government Code Section 6061.
California Election Code Section 10229 states that if the City Council does not make an appointment by the
75th day before the election,August 20,2020,the election shall be held and the candidate will appear on the
ballot.The Council may choose not to make an appointment.If the City Council takes no action,Mark Nagales,
will appear on the ballot in District 2.
If an election is held,the City Clerk will hold a write-in candidate period during which potential write-in
candidates can file nomination documents with the City Clerk.The write-in period would be from Monday,
September 7,2020 -Tuesday,October 20,2020.Per the Election Code,if the City Council makes an
appointment the City Clerk will not accept for filing any statement of write-in candidacy submitted after the
appointment is made.
If the City Council chooses to cancel the District 2 election and appoint Mark Nagales,according to the
Elections Code,it will be as though he were elected at the November election.He would take office as theCity of South San Francisco Printed on 8/14/2020Page 1 of 2
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File #:20-575 Agenda Date:8/19/2020
Version:1 Item #:2.
Elections Code,it will be as though he were elected at the November election.He would take office as the
District 2 City Councilmember in December and serve a four-year term.His appointment to the District 2
position would have no effect on any other City Councilmember’s current term of office.
FISCAL IMPACT
The cost for the City to conduct the General Municipal Election may be reduced if the City Council cancels the
District 2 election.The City Clerk’s Office has asked the County about potential savings.Any information
received will be provided at the August 26 meeting at which the City Council will consider this item.
CONCLUSION
Because only there is only one nominee for City Council District 2,the Elections Code allows the City Council
to cancel the District 2 election and appoint the nominee.If adopted,the attached resolution would implement
that option. If the City Council takes no action, the District 2 election will proceed.
ATTACHMENTS
Attachment 1 - Resolution No. 74-2020 - Resolution calling the November 3, 2020 General Municipal Election
Attachment 2 - City Clerk Certificate
City of South San Francisco Printed on 8/14/2020Page 2 of 2
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Wr City of South San Francisco
ft City Council
Resolution: RES 74-2020
File Number: 20-384
P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
Enactment Number: RES 74-2020
RESOLUTION CALLING A GENERAL ELECTION, SETTING
CANDIDATE STATEMENT REQUIREMENTS PURSUANT TO
ELECTIONS CODE SECTION 13307, AND REQUESTING THAT
THE BOARD OF SUPERVISORS OF SAN MATEO COUNTY
CONSOLIDATE A DISTRICT -BASED MUNICIPAL ELECTION
WITH THE REGULAR ELECTION TO BE HELD ON NOVEMBER
3, 2020; REQUESTING THAT THE COUNTY REGISTRAR
PERFORM CERTAIN ELECTION SERVICES IN CONNECTION
WITH SUCH ELECTION, AND AUTHORIZING THE CITY
MANAGER TO REIMBURSE THE COUNTY FOR SAID
ELECTION SERVICES.
WHEREAS, the City Council of the City of South San Francisco desires to call a district -based
municipal election for the purpose of submitting to the voters the election of: to elect one member from
Districts two and four, to respective four year terms; and
WHEREAS, pursuant to California Elections Code Section 13307, the City Council desires to set
a filing fee for the purpose of funding the cost of candidate statement printing and a word limit for such
statements which applies to candidates in the general election; and
WHEREAS, the City Council desires that the Board of Supervisors of San Mateo County
consolidate the district -based municipal election with the regular election to be held on November 3,
2020 pursuant to the requirements of Section 10403 of the California Elections Code; and
WHEREAS, the City Council desires to have the San Mateo County Registrar of Voters render
certain services in connection with the general municipal election and authorize the City Manager to
reimburse the County for election services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco as follows:
1. The City Council hereby calls a district -based municipal election to be held on November 3, 2020 to
elect one member from Districts two and four, to respective four year terms.
2. As permitted by Section 13307 of the California Elections Code, all candidates in the district -based
election set for November 3, 2020 shall be required to pay $600.00 in advance and simultaneously with
the submission of a candidate statement, which represents their estimated pro rata share of the cost of
printing, handling, translating, and mailing the candidate statement. A candidate who submits a
statement and qualifies as indigent under Section 13309 of the Elections Code shall not be required to
pay his or her pro
City of South San Francisco Page 1
ATTACHMENT 1
File Number: 20-384
Enactment Number. RES 74-2020
rata share of the cost of printing, handling, translating, and mailing the statement until the conditionstions of
indigency are no longer met. The Office of the City Clerk is authorized to requireq payment in anyreasonableformdeemedappropriatetoensurecollection.
3. Candidate statements submitted for the district -based election shall not exceed 200 words and shallbesubmittedtotheOfficeoftheCityClerkwithnominatingdocuments, as required by Section 13307 of
the California Elections Code.
4. Pursuant to Sections 10400 and 10403 of the California Elections Code the Cit Councily of the CityofSouthSanFranciscoherebyrequeststhattheSanMateoCountBoardofSupervisorsYpsdirecttheRegistrarofVoterstoconductallnecessaryservicesrelatedtotheeneralmunicipalelectiongp ,and to bill
the City for the costs of conducting said election.
5. The County Election Department is authorized to canvass the returns of the district -based municipal
election. The election shall be held in all respects as if there were onlyone election and
of ballot shall be used.
only one form
6. The City Manager is hereby authorized to reimburse San Mateo Count in full for suchCounty services
actually performed upon presentation of an invoice from the County. Y
7. The timing of the submission of nomination documents for candidates shall be governed b
10407 of the California y SectionlforniaElectionsCodeandsubmittedtotheOfficeoftheCityClerknolaterthan5:00
p.m., 88 days prior to the date of the general election, which is August 07, 2020. Nomination documentsshallbeavailableattheOfficeoftheCityClerkduringthehoursthatCitHallisnormallypublic.
City y open to the
8. The Office of the City Clerk is hereby directed to file a certified co of this resolutioncopy with theBoardofSupervisorsandtheRegistrarofVotersofSanMateoCounty. Y
9. Notice of the time and place of the holding of both the general andsspecial elections is h ' p hereby givenandtheOfficeoftheCityClerkisauthorized, instructed, and directed toive further or additionalonal notice
of the election, in time, form and manner as required by law.
At a meeting of the City Council on 6/10/2020, a motion was made by Vice oMayorAddie seconded bYg yCouncilmemberNicolas, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember
Nicolas, and Councilmember Matsumoto
Attest by
osa Govea Acosta, City Clerk
City of South San Francisco Page 2
City Hall: 400 Grand Avenue, South San Francisco, CA 94080
Telephone: (650) 877-8518
Fax: (650) 829-6641
Office of the City Clerk
Rosa Govea Acosta
CITY CLERKS CERTIFICATION THAT THERE ARE NOT MORE CANDIDATES
THAN OFFICES TO BE ELECTED
I, Rosa Govea Acosta, City Clerk of the City of South San Francisco, do hereby certify, pursuant
to section 10229, Elections Code of the State of California, to the following facts relating to the
General Municipal Election in the City of South San Francisco to be held on Tuesday, November
3, 2020:
As of the close of the nomination period on August 12, 2020, there are not more candidates than
offices to be elected for City Council District 2 of the City of South San Francisco.
The person so nominated is:
Mark Nagales, District 2
That Elections Code section 10229 allows one of the following courses of action to be taken by
the City Council:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
This notice of these facts was posted on August 14, 2020 and will be published on August 20,
2020, in a newspaper of general circulation in the city pursuant to section 6061 of the Government
Code. After the fifth day following the date of posting, the City Council will meet to either make
the appointment or direct an election to be held. The person appointed, if any, shall qualify and
take office and serve exactly as if elected at the municipal election for the office.
If, by the 75th day before the municipal election, no person has been appointed to the office
pursuant to (1) or (2) above, the election shall be held.
If the City Council makes an appointment pursuant to Elections Code section 10229, the City Clerk
shall not accept for filing any statement of write-in candidacy which is submitted after the
appointment is made.
/s/ Rosa Govea Acosta, CMC, CPMC
City Clerk
Dated: August 20, 2020
3571841.1
ATTACHMENT 2
From:Keliana Hui
To:All at City Clerk"s Office
Subject:Agenda Item 2 - Special City Council Meeting : Aug 19, 2020 6:31pm
Date:Wednesday, August 19, 2020 3:29:50 PM
Hello,
My name is Keliana Hui and I am a life-long resident of Westborough, District 2 and a
SSFUSD alum.
I believe that Mark Nagales should be placed on the ballot and in the election on Nov. 3rd.
Removing Nagales from the ballot will leave countless community members out of the
conversation and merely appointing him will jeopardize the democratic process. The residents
need to see that the city council is following the law and are transparent in everything that they
do, especially as this year is the first year in which we have district elections. The members of
District 2 should have a say in whether or not they support Mark Nagales representing them.
During these times, the council should maintain their promise to represent and listen to the
residents. Without the input of the election, the City Council will once again neglect a large
portion of the city.
Also regarding the retirement of Karyl Matsumoto and the open seat, I believe that the city
residents should choose one to appoint, not the City Council. With only four members, there is
one district that is missing a representative. A representative chosen must reside within the
last district without a councilmember, in order to follow the new district election protocols.
The city has already had problems with representation, now it should be the time to amend
them.
Thank you for your time,
Keliana Hui
Government Code Section 54957.5
SB 343
Agenda: 8/19/2020
Item # 2 Remote Public Comments
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:20-576 Agenda Date:8/19/2020
Version:1 Item #:2a.
Resolution of the City Council of the City of South San Francisco to appoint the only candidate for the Office
of City Council, District 2, that was to be elected on Tuesday, November 3, 2020.
WHEREAS,as of the close of the City Council nomination period on Wednesday,August 12,2020,
only one person has been nominated to be elected for the City Council,District 2,and the City Clerk has
submitted a certificate of these facts to the City Council in accordance with California Election Code Section
10229; and
WHEREAS,California Election Code Section 10229 authorizes one of the following courses of action
to be taken by the City Council:
1. Appoint to the office the person who has been nominated, if there is only one; or
2. Appoint to the office an eligible elector if no one has been nominated; or
3. Hold the election, if either no one or only one person has been nominated; and
WHEREAS,a notice of the above-referenced facts and courses of action was posted on Friday,August
14,2020 and published on Thursday,August 20,2020 in the San Mateo Daily Journal in accordance with
California Election Code Section 10229 and the applicable law.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH
SAN FRANCISCO, AS FOLLOWS:
SECTION 1.Pursuant to California Election Code Section 10229, the following action is taken:
The following person is appointed to the office to which they were nominated, and is considered to be
the same as though elected:
NAME OFFICE TERM
Mark Nagales City Council, District 2 4 years
SECTION 2.This appointment shall not affect the conduct of the municipal election in other districts
of the City of South San Francisco to be held on Tuesday, November 3, 2020.
SECTION 3.The person appointed shall qualify and take office and serve exactly as if elected at the
municipal election for the office.
SECTION 4.The contest for City Council,District 2,shall be removed from the November 3,2020
municipal election ballot.
SECTION 5.The City Clerk shall certify to the passage and adoption of this resolution and enter it into the
City of South San Francisco Printed on 8/14/2020Page 1 of 2
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File #:20-576 Agenda Date:8/19/2020
Version:1 Item #:2a.
SECTION 5.The City Clerk shall certify to the passage and adoption of this resolution and enter it into the
book of original resolutions.
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