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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 powered by Legistar™ 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 powered by Legistar™ 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 powered by Legistar™ 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 powered by Legistar™ 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. City of South San Francisco Printed on 8/14/2020Page 2 of 2 powered by Legistar™