CITY OF HIGHLAND
SPECIAL MEETING OF THE
CITY COUNCIL
AGENDA
CITY COUNCIL MEMBERS
LARRY McCALLON, MAYOR
PENNY LILBURN, MAYOR PRO TEM
JESSE CHAVEZ, COUNCIL MEMBER
ANAELI SOLANO, COUNCIL MEMBER
JOHN P. TIMMER, COUNCIL MEMBER
SPECIAL MEETING
August 25, 2022
9: 30 a. m.
City Hall
Donahue Council Chambers
27215 Base Line
Highland, California
STAFF
Joseph A. Hughes - City Manager
Chuck Dantuono - Director of Administrative Services/ City Treasurer Betty Hughes - City Clerk
Lawrence Mainez - Community Development Director
Carlos Zamano - Public Works Director/ City Engineer
Maricela Marroquin - City Attorney
MISSION STATEMENT
Highland is dedicated to the betterment of the individual, the family, the neighborhood and the community.
TheCityCouncilandthestaffof Highlandarededicatedto providingthequalityof publicfacilitiesand services that its citizens are willing to fund and will do so as efficiently as possible.
Visit the City' s website at: www. cityofhighland. orq
CITYOFHIGHLAND127215BASELINEI HIGHLAND, CALIFORNIA92346I (909) 864-68611C (909) 862- 3180A
The City of Highland complies with the Americans with Disabilities Act of 1990. Please contact the City Clerk' s office at ( 909) 864- 6861, ext. 226, at least 72 hours prior to the meeting for any requests for reasonable accommodation to include interpreters.
Pursuant to Government Code Section 54957. 5, any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Highland to all or a majority of the City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, 27215 Base Line, Highland, CA 92346, during normal business hours.
Submission of Public Comments for ITEMS ON THIS AGENDA ONLY: For those wishing to make public comments by email, please submit your comments by email to be read aloud at the meeting. Email comments must be submitted by 8:30 a.m. on August 25, 2022, to the City Clerk at publiccomment( a cityofhighland. orq. If you are submitting a public comment pertaining to an item on the August 25, 2022 agenda, please identify the agenda item number in the subject line. Members of the public will be permitted to make public comments in person.
CALL AND NOTICE OF A SPECIAL MEETING OF
THE HIGHLAND CITY COUNCIL
Donahue Council Chambers — City Hall
27215 Base Line, Highland, California
August 25, 2022 — 9: 30 a. m.
NOTICE IS HEREBY GIVEN that a special meeting of the Highland City Council is hereby called to be held on August 25, 2022, at 9:30 a.m. in the City Council Chambers of City Hall located at 27215 Base Line, Highland, California. Saidspecial meeting shallbefor the purpose of conducting business in accordance with the attached Agenda.
AGENDA
CALL TO ORDER
ROLL CALL
PUBLIC COMMENT ( LIMITED TO ITEMS ON THIS AGENDA ONLY)
To address the City Council, please complete a speaker form located at the entrance and give it to the City Clerk prior to the beginning of the meeting. Your name will be called when it is your turn to speak. Those wishing to speak on an item ON THE AGENDA will be heard at this time. State Law prohibits the City Council from taking action on any item not on the agenda. Individual speakers are limited to three minutes each.
Comments received via email by August 25, 2022, 8:30 a.m., will be read into the record, provided that the reading shall not exceed three ( 3) minutes. Email comments submitted by a speaker that also appears in person to address the same matter will not be read into the record.
CITY COUNCIL LEGISLATIVE
1. City Clerk's Certification that There are Not More Candidates Than Offices (2) to be Elected in District 2 and District 4
RECOMMENDATION: That the City Council receive and file the City Clerk' s Certification that there are not more candidates than offices ( 2) to be elected in City Council District 2 and District 4, and direct staff accordingly pursuant to California Elections Code § 10229.
ADJOURN
I, Betty Hughes, City Clerk, certify I caused to be posted this Agenda on or before August 18, 2022, by 5:30 p.m., on our website at www. cityofhighland. org and in the following designated areas:
Highland Branch Library Fire Station No. 1
7863 Central Avenue 26974 Base Line
Date: August 18, 2022
City Hall
27215 Base Line
Betty Hughes, MMC
City Clerk
DATE:
FROM:
PREPARED BY:
SUBJECT:
STAFF REPORT
TO THE CITY COUNCIL
August 25, 2022
Joseph A. Hughes, City Manager
Betty Hughes, MMC, City Clerk
City Clerk's Certification that There are Not More Candidates Than Offices ( 2) to be Elected in District 2 and District 4 RECOMMENDATION: That the City Council receive and file the City Clerk's Certification that there are not more candidates than offices ( 2) to be elected in City Council District 2 and District 4 and direct staff accordingly pursuant to California Elections Code § 10229.
FISCAL IMPACT: The County of San Bernardino Registrar of Voters is in the process of preparing cost estimates for the election; $ 35,000 has been budgeted. Not holding the election in District 2 and District 4 would result in some savings in an amount yet to be determined.
PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website, and notice was timely published according to applicable law.
BACKGROUND: On June 14, 2022, City Council adopted Resolution No. 2022- 027 calling the General Municipal Election to elect two Members of City Council on November 8, 2022. The Notice of Election was posted and published on July 8, 2022. The nomination period was open from July 18 through August 12, 2022. At the conclusion of the nomination period, only one incumbent candidate was nominated in each district to fill the two four- year terms:
Anaeli Solano — District 2
John P. Timmer — District 4
Approved Motion Second Agenda Item No. '
Denied Ayes
Continued Noes File No.
Tabled Abstain
Absent
City Clerk City anager
The City Clerk' s certification confirming that there are not more candidates than offices to be elected was provided to City Council on August 15, 2022.
California Elections Code § 10229 provides that if there are not more candidates than offices to be elected, the City Council has three courses of action to consider:
1. Appoint to the office the person( s) who have been nominated.
2. Appoint to the office any eligible elector if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
If the City Council appoints to the office the person nominated in each district, then the electionfor all two districts is cancelled and the City Clerk is not to accept any further nominations. The nominees shall take office and serve exactly as if elected at a municipal election. Attached is a proposed resolution if Option 1 is chosen.
Notice of the subject meeting and that there are not more candidates than offices to be elected ( 2) was published on August 19, 2022, pursuant to Elections Code §10229.
Attachments: City Clerk' s Certification
Copy of Newspaper Publication
Proposed Resolution
election/ 2022 election/ 2022 clerk cert no more candidates than offices dist 2 4 stf rep. doc
CITY OF HIGHLAND
CITYCLERK'SCERTIFICATIONTHATTHEREARENOTMORECANDIDATES
THAN OFFICES TO BE ELECTED
I, BettyHughes, CityClerkoftheCityofHighland, doherebycertifypursuantto § 10229oftheElectionsCodeoftheStateofCalifornia, thefollowingfactsrelatingtothe GeneralMunicipalElectionto beheldonTuesday, November8, 2022:
As of the close of the nomination period on Friday, August 12, 2022, for MembersoftheCityCouncilrepresentingDistrict2 andDistrict4, therearenotmore candidates than offices to be elected.
The person(s) so nominatedare:
Anaeli Solano Member of City Council District 2 4- Years John P. Timmer Member of City Council District 4 4- Years That § 10229of theElectionsCodeallowsoneof thefollowingcoursesofaction to be taken by the City Council:
1. Appointtotheofficetheperson(s) whohasbeennominated.
2. Appointtotheofficeaneligibleelectorifnoonehasbeennominated.
3. Holdtheelectionifeithernooneoronlyonepersonhasbeennominated.
A noticeofthesefactswaspostedonMonday, August15, 2022, andwillbe publishedonAugust19, 2022, inanewspaperofgeneralcirculationinthecitypursuant to § 6061 of the Government Code. After the fifth day following the date of the publication, theCityCouncilwillmeettoeithermaketheappointment(s) ordirectan election to be held. Theperson(s) appointed, if any, shallqualifyandtakeofficeand serveexactlyasifelectedat a municipalelectionfortheoffice.
If, bythe75thdaybeforethemunicipalelection, nopersonhasbeenappointed totheoffice(s) pursuantto (1) or (2) above, theelectionshallbeheld.
IftheCityCouncilmakesanappointmentpursuant
to § 10229, Elections Code,
theCityClerkshallnotacceptforfilinganystatementofwrite-incandidacywhichis submitted after the appointment is made.
Betty H es, MMC
City Cle
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BETTY HUGHES
HIGHLAND CITY CLERK
27215 BASE LINE
HIGHLAND, CA 92346
COPY OF NOTICE
Notice Type: ELC ELECTION NOTICE
Ad Description
Cityof HighlandLegalAd - 08/19/2022 (CCElectionCert)
Totherightisa copyofthenoticeyousentto usforpublicationintheSAN BERNARDINOCOUNTYSUN. Please read this notice carefully and call us withanycorrections. TheProofofPublicationwillbefiledwiththeCounty Clerk, if required, and mailedto you after the last date below. Publication date( s) for this notice is ( are):
08/ 19/ 2022
The charge(s) for this order is as follows. An invoice will be sent afterthe last dateof publication. Ifyouprepaidthisorderinfull, youwillnotreceivean invoice.
Publication
Total
183. 20
183. 20
SBS# 3616435
CITY OF HIGHLAND
NOTICE THAT THERE ARE NOT
MORE CANDIDATES
THAN OFFICES TO BE
ELECTED IN DISTRICT2AND
DISTRICT 4
NOTICE IS HEREBY GIVEN that
pursuant to § 10229 of the Elections
Code of the State of California
relating to the General Municipal
Election in the City of Highland to be
held on Tuesday, November 8, 2022:
As of the close of the nomination
period on August 12, 2022, there are
not more candidates than offices to
be elected in District 2 and District
4. The person so nominated in District
2 is:
Anaeli Solano
The person so nominated in District
4 is:
John P. Timmer
That § 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 an eligible
elector if no one has been
nominated.
3. Hold the election if either no one
or only one person has been
nominated.
The City Council will meet on August
25, 2022, 9: 30 a. m., to either make
the appointment or direct an
election to be held. The person( s)
appointed, if any, shall qualify and
take office and serve exactly as if
elected at a municipal election for
the office.
If, by the 75th day before the
municipal election, no person has
been appointed to the office( s)
Pursuant to ( 1) or ( 2) above, the
election shall be held.
If the City Council makes an
appointment pursuant to § 10229,
Elections Code, the City Clerk shall
not accept for filing any statement of
write- in candidacy which is
submitted after the appointment is
made.
Dated: August 15, 2022
Betty Hughes, MMC
City Clerk of the City of Highland
8/ 19/22
S BS- 3616435#
RESOLUTION NO. 2022- 045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO TWO CITY COUNCIL OFFICES FOR DISTRICT 2 AND DISTRICT 4, AND CANCELLING THE NOVEMBER 8, 2022 MUNICIPAL ELECTION IN THOSE DISTRICTS
WHEREAS, pursuant to Section 10229 of the Elections Code of the State of California, as of the close of the nomination period on August 12, 2022, there are not more candidates than offices to be elected in City Council District 2 and District 4, and that 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( s) who have been nominated.
2. Appoint to the office any eligible elector if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
WHEREAS, a certification of these facts was submitted to the City Council on August 15, 2022, pursuant to Elections Code Section 10229; and WHEREAS, a notice was timely published and posted on August 19, 2022, in a newspaper of general circulation pursuant to law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HIGHLAND,
CALIFORNIA, 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:
Pursuant to Elections Code Section 10229( a)( 3), the following persons are being appointed to the office to which he or she was nominated:
Anaeli Solano Member of City Council District 2 4- Years John P. Timmer Member of City Council District 4 4- Years SECTION 2. The municipal elections scheduled to be held on Tuesday, November 8, 2022, in District 2 and District 4 are now canceled.
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. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
Resolution No. 2022- 045
PASSED, APPROVED AND ADOPTED this 25th day of August, 2022.
Penny Lilburn
Mayor Pro Tem
ATTEST:
Betty Hughes, MMC
City Clerk
Resolution No. 2022- 045