SPECIAL COUNCIL MEETING AGENDA
Eastvale City Hall Council Chambers
12363 Limonite Avenue, Suite 900, Eastvale, CA 91752
Special Council Meeting:
5:30 PM
Tuesday, August 20, 2024
City Councilmembers
Christian Dinco, Mayor
Michael McMinn, Mayor Pro Tem
Clint Lorimore, Councilmember
Todd Rigby, Councilmember
Jocelyn Yow, Councilmember
Mark Orme, City Manager
Erica Vega, City Attorney
Marc Donohue, Government Services Director/City Clerk
This Agenda contains a brief general descrip)on of each item to be considered. Except as otherwise provided by law, no ac)on or direc)on shall be taken on any item not appearing on the following Agenda. Unless legally privileged, all suppor)ng documents, including staff reports, and any wri)ngs or documents provided to a majority of the City Council a/er the pos)ng of this agenda are available for review at Eastvale City Hall, 12363 Limonite Avenue, Eastvale, CA 91752 or you may contact the City Clerk’s Office, at (951) 361-0900 Monday through Thursday from 7:30 a.m. to 5:30 p.m. and available online at www.eastvaleca.gov
.
Members of the public can observe the mee)ng by viewing the live-stream at www.eastvaleca.gov
and may provide public
comment by sending comments to the City Clerk's Office by email at [email protected]
. Staff will monitor emails to the
extent possible during the mee)ng and provide comments as possible. All comments will be made part of the record. Comments will then be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discre)on to reduce )me on public comment. All comments should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking )me. If a comment is received before the agenda item is heard but before the close of the mee)ng, the comment will all be included as a part of the record of the meeting but will not be read into the record.
In compliance with the Americans with Disabili)es Act, if you need special assistance to par)cipate in this mee)ng, you should contact the City Clerk’s Office at (951) 361-0900.
Regular mee)ngs are recorded and made available on the City’s website at www.eastvaleca.gov
. Mee)ng recordings are uploaded
to the City’s website within 24 hours (unless otherwise noted) after the completion of the meeting. 1 1.
CALL TO ORDER
2. ROLL CALL
3. CLOSED SESSION PUBLIC COMMENT
Any member of the public may address the Council on items within the Council’s subject maer jurisdicon, but which are not listed on this agenda during PUBLIC COMMENTS. However, no acon may be taken on maers that are not part of the posted agenda. We request comments made on the agenda be made at the me the item is considered and that comments be limited to three minutes per person with a maximum of six minutes (me may be donated by one person). Please address your comments to the Council and do not engaged in dialogue with individual Council Members, City staff, or members of the audience. Blue speaker forms are available at the front table to the entrance of Council Chambers.
4. CLOSED SESSION ITEM(S)
4.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: Lots 14, 3, 5 and J, and a portion of Lot 2 of Tentative Tract Map 38290 approved by the City Council on May 11, 2022 Agency negotiator: Gustavo Gonzalez, Community Development Director Negotiating parties: Arroyo Cap III-2, LLC Under negotiation: Price and terms of payment
4.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: APNs 144-080-010, 144-080-011 Agency negotiator: Jimmy Chung, Public Works Director/City Engineer Negotiating parties: Trinidad Perez Under negotiation: Price and terms of payment
5. CITY COUNCIL BUSINESS
5.1. Discussion to Appoint or Hold the General Municipal Election in District 2 and 5
Submitted by: Marc A. Donohue, Government Services Director/City Clerk
RECOMMENDED ACTION(S):
Staff recommends that the City Council:
1 .
Adopt a resolution, providing for the appointment to the Office of Councilmember representing District 2 and District 5 of the City of Eastvale that was to be elected on Tuesday, November 5, 2024.
2 .
Direct the City Clerk to administer the Oath of Office to Mayor Dinco and Mayor Pro Tem McMinn.
6. ADJOURNMENT
The next regular mee)ng of the Eastvale City Council is scheduled for Wednesday, September 11, 2024, at 6:30 p.m. at Eastvale City Hall Council Chambers, 12363 Limonite Avenue, Suite 900, Eastvale, CA 91752.
2 AFFIDAVIT OF POSTING
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted at the following locations: City Hall, 12363 Limonite Avenue, Suite 910 and website of the City of Eastvale (
www.eastvaleca.gov
,) not less than 24 hours prior to the meeting.
______________________________________________________
Marc A. Donohue, MMC
City Clerk
3 AGENDA STAFF REPORT
City Council Meeting
CITY COUNCIL BUSINESS
Agenda Item No. 5.1
August 20, 2024
Discussion to Appoint or Hold the General Municipal Elec-on in District 2 and 5
Prepared By:
Marc A. Donohue, Government Services Director/City Clerk Recommended Action(s)
Staff recommends that the City Council:
1 .
Adopt a resolu on, providing for the appointment to the Office of Councilmember represen ng District 2 and District 5 of the City of Eastvale that was to be elected on Tuesday, November 5, 2024.
2 .
Direct the City Clerk to administer the Oath of Office to Mayor Dinco and Mayor Pro Tem McMinn.
Summary
The City of Eastvale will hold a General Municipal Elec on on Tuesday, November 5, 2024, for two (2) members of the City Council in District 2 and District 5. The nomina on period opened on Monday, July 15, 2024, and closed on Friday, August 9, 2024, at 12:00 p.m. for Districts 2 and 5.
Upon closing of the nomina on period, one (1) candidate qualified to be placed on the ballot for District 2 (Mayor Dinco) and District 3 (Mayor Pro Tem McMinn).
Background
In June 2024, the City Council adopted a resolu on calling for the holding of a General Municipal Elec on to be held on Tuesday, November 5, 2024, for the elec on of two (2) members of the City Council and reques ng the Board of Supervisors of the County of Riverside to consolidate and render specified service to the City of Eastvale rela ng to the conduct of the 2024 Statewide General 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
4 Municipal Election.
The filing deadline was Friday, August 9, 2024, at 12:00 p.m. for incumbent nominees. At the close of the nomina on period on Friday, August 9, the City had received filing papers for one (1) individual in District 2 and one (1) individual in District 5. The following individuals qualified for the ballot:
District 2
Christian Dinco (incumbent)
District 5
Mike McMinn (incumbent)
Election Code Section 10229 provides three options to be considered by the governing body (City Council), in the event only one or no nominees filed by the close of the filing period. These options include:
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.
Given that any elec on, which would be held in November, would be uncontested for District 2 and District 5, staff finds no value in pursuing the third op on. Addi onally, the City would incur costs of approximately $56,000 in order to continue with the election in District 2 and District 5.
The appointment of a City Councilmember must be approved by a majority vote of the City Council.
The person appointed shall qualify and take office and serve exactly as if elected at a municipal elec on for the office. ACer the appointments are approved, the City Clerk shall not accept any filings for a write-in candidate.
Environmental
Not applicable.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.
Fiscal Impact
If the proposed resolu on is approved, the City would save approximately $56,000 in elec on related costs in the General Fund.
Prior City Council/Commission Action
Not applicable.
Attachment(s)
Attachment 1 - Notice of Insufficient Nominees - English & Spanish
Attachment 2 - Proposed Resolution
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
5 CITY OF EASTVALE
NOTICE OF INSUFFICIENT NOMINEES
NOTICE IS HEREBY GIVEN that pursuant to Section 10229 of the Elections Code of the State of California relating to the General Municipal Election in the City of Eastvale to be held on Tuesday, November 5, 2024:
As of the close of the nomination period on Friday, August 9, 2024, only one person has been nominated as a candidate for the open City Council seats in District 2, and District 5.
The candidates so nominated per district are:
Christian Dinco – District 2
Mike McMinn – District 5
Section 10229 of the Elections Code 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. Hold the election.
The City Council will meet on Tuesday, August 20, 20 24, at 5:30PM, to either make the appointment or direct an election to be held. The person appointed, if any, s hall qualify and take office and serve exactly as if elected at a municipal election for the office.
If the City Council makes an appointment pursuant to Section 10229 of the Elections Code, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made.
_____________________________________
Marc A. Donohue, MMC
Government Services Director/City Clerk
Published: Press Enterprise
Wednesday, August 14, 2024
6 CIUDAD DE EASTVALE
AVISO DE NOMINADOS INSUFICIENTES
SE NOTIFICA POR EL PRESENTE que conforme a la Sección 10229 del Código Electoral del Estado de California en relación a la Elección Municipal General en la Ciudad de Eastvale que se llevará a cabo el martes, 5 de noviembre de 2024:
Al cierre del período de nominación el viernes 9 de agosto de 20 24, solo una persona ha sido nominada como candidato para los asientos abiertos del Concejo Municipal en Distrito 2 y Distrito
5. Las personas nominadas son:
Christian Dinco – Distrito 2
Mike McMinn – Distrito 5
La Sección 10229 del Código Electoral permite que uno de los siguientes cursos de acción sean tomados por el Concejo Municipal:
1. Designar a la oficina a la persona que ha sido nominada.
2. Llevar a cabo la elección.
El Concejo Municipal se reunirá el martes, 20 de agosto del 2024, a las 5:30 p.m., para designer a la persona nominada o para dirigir una elección. La persona designada, si la hubier a, deberá calificar y asumir el cargo y servir exactamente como si fuera electo en una elección municipal para la oficina.
Si el Concejo Municipal concierta una cita de conformidad con la Sección 10229 del Código de Elecciones, el Secretario Municipal no aceptará la presentación de mas declaraciónes de candidatura por escrito que se presente después de la designación.
_____________________________
Marc A. Donohue, MMC
Director de Servicios Gubernamentales/Secretario Municipal
Publicado: Press Enterprise
miércoles, 14 de agosto de 2024
7 1
RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA,
PROVIDING FOR THE APPOINTMENT TO THE OFFICE OF COUNCILMEMBER REPRESENTING DISTRICT 2 AND DISTRICT 5 OF THE CITY OF EASTVALE THAT WAS TO BE ELECTED ON TUESDAY, NOVEMBER 5, 2024
WHEREAS, at as of the close of the nomination period on August 9, 2024, at 12:00 PM, only one candidate for the position of City Council member representing District 2 and District 5 qualified for the ballot, and Section 10229 of the Elections Code 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 voters if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
WHEREAS, as required by Section 10229 of the Elections Code, a notice of facts was published on Wednesday, August 14, 2024, in a newspaper of general circulation, The Press Enterprise.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Section 10229 of the Elections Code of the State of California, the following action is being taken:
a) The following persons are being appointed to the office to which they were nominated, and are considered to be the same as being elected, pursuant to Section 10229(a)(3) of the Elections Code:
NAME OFFICE TERM
Christian Dinco Councilmember, District 2 Four (4) Years Mike McMinn Councilmember, District 5 Four (4) Years
SECTION 2. The election scheduled to be held on Tuesday, November 5, 2024, in District 2 and District 5 are now cancelled.
SECTION 3. The persons appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office.
SECTION 4. That 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 this 20th day of August, 2024. 8 2
__________________________________________
Christian Dinco
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk
9 3
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 24-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 20 th day of August 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
10