CITY COUNCIL AGENDA
SPECIAL MEETING
CITY OF HALF MOON BAY
FRIDAY, AUGUST 19, 2022
REMOTE PARTICIPATION (SEE NEXT PAGE) Debbie Ruddock, Mayor Deborah Penrose, Vice Mayor
Robert Brownstone, Councilmember
Joaquin Jimenez, Councilmember
Harvey Rarback, Councilmember
10:00 AM
This agenda contains a brief description of each item to be considered. Those wishing to address the City Council on any matter not listed on the Agenda, but within the jurisdiction of the City Council to resolve, may come forward to the podium during the Public Forum portion of the Agenda and will have a maximum of three minutes to discuss their item.
Those wishing to speak on a Public Hearing matter will be called forward at the appropriate time during the Public Hearing consideration.
Please Note: Anyone wishing to present materials to the City Council, please submit seven copies to the City Clerk.
Copies of written documentation relating to each item of business on the Agenda are on file in the Office of the City Clerk at City Hall and the Half Moon Bay Library where they are available for public inspection. If requested, the agenda shall be available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132.) Information may be obtained by calling 650-726- 8271.
In compliance with the Americans with Disabilities Act, special assistance for participation in this meeting can be obtained by contacting the City Clerk’s Office at 650-726-8271. A 48-hour notification will enable the City to make reasonable accommodations to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). http://hmbcity.com/
SPECIAL REMOTE PARTICIPATION PROTOCOLS
This meeting will be held entirely by teleconference. All Councilmembers and staff will only participate via the Zoom platform using the process described below. The meeting is being conducted pursuant to recent amendments to the teleconference rules required by the Ralph M. Brown Act allowing teleconferencing during a proclaimed state of emergency when local officials have recommended social distancing (AB 361). The purpose of AB 361 is to provide the safest environment for the public, elected officials, and staff while allowing for continued operation of the government and public participation during the COVID‐19 pandemic.
This meeting will be conducted via Zoom Webinar and live Spanish interpretation will be available within the Zoom platform. Members of the public are welcome to login into the webinar as Attendees. During any public comment portions, attendees may use the “raise your hand” feature and will be called upon and unmuted when it is their turn to speak. The meeting will also be streamed on Channel 27, on pacificcoast.tv, and on Facebook at www.facebook.com/cityofhalfmoonbay. Please click to join the webinar: https://us06web.zoom.us/j/88454251303 or join by phone at 669-900-9128, using Webinar ID 884-5425-1303. If joining by phone, use *9 to raise your hand, *6 to mute and unmute.
CALL TO ORDER / ROLL CALL
1. RESOLUTIONS AND STAFF REPORTS
1.A. RESOLUTION TO APPOINT ROBERT BROWNSTONE (DISTRICT 1) AND DEBORAH PENROSE (DISTRICT 5) AND CANCEL THE ELECTION FOR DISTRICTS 1 AND 5 Staff Recommendation: Adopt a resolution appointing Robert Brownstone to the City Council to represent Electoral District No. 1 for a full-term of four years and Deborah Penrose to the City Council to represent Electoral District No. 5 for a full-term of four years in lieu of an election, and cancelling the November 8, 2022 General Municipal Election for City Councilmembers from Electoral District Nos. 1 and 5, pursuant to California Elections Code Section 10229.
ADJOURNMENT
BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: August 19, 2022
TO: Honorable Mayor and City Council
VIA: Bob Nisbet, City Manager
FROM: Jessica Blair, Communications Director / City Clerk TITLE: RESOLUTION TO APPOINT ROBERT BROWNSTONE (DISTRICT 1) AND DEBORAH PENROSE (DISTRICT 5) AND CANCEL THE ELECTION FOR DISTRICTS 1 AND 5 RECOMMENDATION: Adopt a resolution appointing Robert Brownstone to the City Council to represent Electoral District No. 1 for a full-term of four years and Deborah Penrose to the City Council to represent Electoral District No. 5 for a full-term of four years in lieu of an election, and cancelling the November 8, 2022 General Municipal Election for City Councilmembers from Electoral District Nos. 1 and 5, pursuant to California Elections Code Section 10229.
FISCAL IMPACT:
If the election was cancelled for Districts 1 and 5, the City would save approximately $12,000 in election costs incurred from services rendered by the San Mateo County Elections Division.
DISCUSSION:
On June 7, 2022, the City Council adopted Resolution No. C-2022-35, calling for the holding of a General Municipal Election for the purpose of electing one person each from District Nos. 1, 4, and 5 to the City Council of the City of Half Moon Bay for full four-year terms.
The nomination period for the General Municipal Election commenced on July 18, 2022 and closed on August 12, 2022. At the close of the nomination period, the following nominees qualified for the ballot:
Electoral District No. 1
Robert Brownstone
Electoral District No. 4
Bill Balson
David Eblovi
Debbie Ruddock
Electoral District No. 5
Deborah Penrose
Elections Code Section 10229 provides that if by the statutory nomination filing deadline (August 12, 2022), no one or only one person is nominated to be elected by a legislative district, and if there are also no city-wide offices or measures on the ballot, then the Elections Official (City Clerk) shall certify these facts to the City Council, publish a notice of the same, and, after the fifth day of the publication, the City Council may take one of three courses of action:
1. The City Council may appoint to the office the person who has been nominated by 75 days before the election (option chosen at 08/16/22 meeting); or
2. The City Council may appoint to the office an eligible voter if no one has been nominated (not applicable here); or
3. The City Council may determine to hold the election if either no one or only one person has been nominated (not applicable as Option 1 was chosen by the Council).
Pursuant to Elections Code Section 10229, the Elections Official provided the required certification to the City Council that only one person has been nominated to be elected in Electoral District Nos. 1 and 5 at the August 16, 2022 City Council meeting and published a notice of the same in the August 13, 2022 edition of the Daily Journal. The required five-day notice period is now complete.
At the August 16, 2022 meeting, the City Council chose Option 1 and directed staff to return with a resolution to appoint the sole nominees (Robert Brownstone, District 1 and Deborah Penrose, District 5) to those offices and to cancel the City’s election in Electoral District Nos. 1 and 5. Pursuant to Elections Code Section 10229, adoption of this resolution would need to occur by August 25, 2022. If appointed, both Robert Brownstone and Deborah Penrose would take office and serve exactly as if elected at the General Municipal Election starting their new term in December 2022 representing District No. 1 (Robert Brownstone) and District No. 5 (Deborah Penrose).
ATTACHMENTS:
Resolution
Notice of Insufficient Nominees
RESOLUTION NO. C-2022_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY
APPOINTING ROBERT BROWNSTONE TO THE CITY COUNCIL TO REPRESENT ELECTORAL DISTRICT NO. 1 FOR A FULL-TERM OF FOUR YEARS AND APPOINTING DEBORAH PENROSE TO THE CITY COUNCIL TO REPRESENT ELECTORAL DISTRICT NO. 5 FOR A FULL-TERM OF FOUR YEARS IN LIEU OF AN ELECTION, AND CANCELLING THE NOVEMBER 8, 2022, GENERAL
MUNICIPAL ELECTION CONTESTS FOR CITY COUNCILMEMBERS FROM ELECTORAL DISTRICT NOS. 1 AND 5, PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10229 WHEREAS, on June 7, 2022, the City Council adopted Resolution No. C-2022-35, calling and giving notice of the holding of a general municipal election for the purpose of electing three members of the City Council (District 1, District 4, and District 5) for a full term of four years each; and
WHEREAS, as of the close of the nomination period on Friday, August 12, 2022, only one person each filed nomination papers to run for the office of City Councilmember representing Electoral District Nos. 1 and 5; and
WHEREAS, because of the above facts, Section 10229 of the California Elections Code allows the City Council to take one of the following courses of action:
1. Appoint to the office the person who has been nominated, or
2. Hold the election if either no one or only one person has been nominated.
WHEREAS, pursuant to Section 10229 of the California Elections Code, a notice, herein attached and incorporated by reference as Exhibit A, was published on August 13, 2022, in the San Mateo Daily Journal, certifying these facts and the courses available to the City Council; and WHEREAS, pursuant to Section 10229 of the California Elections Code, if by the 75th day before the scheduled General Municipal Election (August 25, 2022), no person has been appointed to this office pursuant to (1) above, the election for Electoral District Nos. 1 and 5 are required to be held along with all other elective offices on the ballot. If an appointment is made to this office, the General Municipal Election for Electoral District Nos. 1 and 5 must be cancelled, but the General Municipal Election will be held for all other elective offices on the ballot; and
WHEREAS, if the City Council makes an appointment pursuant to Section 10229 of the California Elections Code, the City Clerk/Elections Official shall not accept for filing any statement of write-in candidacy for City Councilmember from Electoral District Nos. 1 and 5, which are submitted after the appointment is made; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HALF MOON BAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the above recitals are true and correct.
SECTION 2. Pursuant to Section 10229 of the California Elections Code, the following action is taken:
The following persons are appointed to the office to which they were nominated, and are considered to be the same as being elected, pursuant to Section 10229(a) of the California Elections Code:
NAME OFFICE TERM
Robert Brownstone City Council, Electoral District No. 1 Full four-year term Deborah Penrose City Council, Electoral District No. 5 Full four-year term SECTION 3. Pursuant to Elections Code Section 10229, the General Municipal Election scheduled to be held on Tuesday, November 8, 2022, to elect a candidate for City Council Member from Electoral District Nos. 1 and 5 are hereby cancelled since only one person is nominated to be elected in those Districts, and the City Council has made the above appointment. The General Municipal Election shall still be held to elect candidates for City Councilmember from Electoral District No. 4.
SECTION 4. The persons appointed shall qualify and take office and serve exactly as if elected at the General Municipal Election for the office.
SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution and so notify the San Mateo County Chief Elections Officer of the City Council's action; and enter the City Council's action into the official minutes and into the book of original resolutions. **************************************************************** I, the undersigned, hereby certify that the forgoing Resolution was duly passed and adopted on the 19th day of August, 2022 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
ATTEST: APPROVED:
___________________________ ______________________________ Jessica Blair, City Clerk Debbie Ruddock, Mayor
CITY CLERK’S CERTIFICATION THAT ONLY ONE PERSON HAS BEEN NOMINATED TO BE ELECTED IN ELECTORAL DISTRICT NOS. 1 AND 5
I, Jessica Blair, City Clerk of the City of Half Moon Bay, do hereby certify pursuant to Section 10229, Elections Code of the State of California, to the following facts relating to the General Municipal Election to be held on Tuesday, November 8, 2022:
As of the close of the nomination period on August 12, 2022, only one person filed nomination papers to fill the City Council seat for Electoral District Nos. 1 and 5 that are up for election at the November 8, 2022, General Municipal Election. Therefore, there are not more candidates than offices to be elected for City of Half Moon Bay Electoral District Nos. 1 and 5.
The person so nominated for Electoral District No. 1 is:
Robert Brownstone
The person so nominated for Electoral District No. 5 is:
Deborah Penrose
That Section 10229 of the California Elections Code allows one of the following courses of action to be taken by the City Council at a regular or special meeting held before the General Municipal Election in the event that only one person is nominated to an office:
1. Appoint to the office the person who has been nominated, or
2. Hold the election if either no one or only one person has been nominated.
A notice of these facts will be published on August 13, 2022, 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 publication, the City Council will meet to either make the appointment and cancel the election for that office or direct an election to be held. The persons appointed, if any, shall 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, California Elections Code, the City Clerk shall not accept for filing any statement of write-in candidacy for City Council from Electoral District Nos. 1 and 5, which are submitted after the appointment is made.
If, by the 75th day before the General Municipal Election, no person has been appointed to the office pursuant to (1) or (2) above, the election for Electoral District Nos. 1 and 5 shall be held along with all other elective offices on the ballot. If an appointment is made to this office, the General Municipal Election for Electoral District Nos. 1 and 5 will be canceled but will be held for all other elective offices on the ballot. ___________________________
Jessica Blair, City Clerk
Dated: August 12, 2022; Published August 13, 2022