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CITY OF HIGHLAND
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4 CITY COUNCIL AGENDA
Special Meeting
August 22, 2024 at 11: 30 AM
City Hall Donahue Council Chambers
27215 Base Line, Highland, CA 92346
COUNCILMEMBERS
Penny Lilburn, Mayor
District 3
Larry McCallon, Mayor Pro Tern
District 5
Jesse Chavez - Cordova, Councilmember
District 1
Anaeli Solano, Councilmember
District 2
John P. Timmer, Councilmember
District 4
STAFF
Carlos Zamano, City Manager
Lawrence Mainez, Community Development Director
Leticia Nava -Cruz, Director of Administrative Services/ City Treasurer Maricela Marroquin, City Attorney
Octavio Duran Jr., Public Works Director/ City Engineer Alondra Munoz, City Clerk
MISSION STATEMENT
Highlandis dedicatedto thebettermentof the individual, thefamily, theneighborhoodand the community. TheCityCouncilandthestaffofHighlandarededicatedtoprovidingthequalityofpublic facilities and services that its citizens are willing to fund and will do so as efficiently as possible. 909) 864 6861 www. cityofhighland. org
1 City Council Special MeetingAgenda August 22, 2024In
compliancewith the Americanswith DisabilitiesAct ( ADA), if youneedspecialassistance, please contactthe City Clerk's officeat ( 909) 864-6861, ext. 226, at least72 hoursprior to themeetingfor anyrequestsfor reasonable accommodations, including interpreters. Pursuant
to GovernmentCode Section54957. 5, anydisclosablepublic recordsrelated to anopensessionitem on a regularmeetingagendaand distributedby theCityof Highlandto allora majorityof theCityCouncilless than72 hours prior to thatmeetingare availablefor publicinspectionat CityHall, 27215Base Line, Highland, CA 92346, during normal businesshours. Levine
Act: Pursuantto GovernmentCode Section84308, any partyto a Cityproceedingmust discloseon therecord any campaigncontributionsmade to a memberof theCityCouncil (or commission) in excessof $ 250in thepast 12 months. This disclosurerequirementincludes contributionsby theparty's agentand aggregatedcontributions from personsor entitiesrelatedto theparty. Pleasemake the disclosureas soonas possible, but no later than the beginningof theproceeding. CITY
COUNCILSPECIAL MEETING August
22, 2024 - 11: 30 a. m. NOTICE
IS HEREBYGIVEN that a specialmeetingof theHighlandCity Councilis herebycalled to beheldon August22, 2024, at 11:30a. m. in theCityCouncilChambersof CityHall locatedat 27215Base Line, Highland, California. Said specialmeetingshall be for the purposeof conducting business in accordancewith the attachedAgenda. AGENDA
CALL
TO ORDERROLL
CALL PUBLIC
COMMENT (LIMITED TO ITEMSON THISAGENDAONLY) To
addressthe CityCouncil, please completea speakerform locatedat theentranceand giveit totheCityClerkprior to thebeginningof themeeting. Your namewill be calledwhenit isyourturn to speak. State Law prohibitsthe CityCouncilfrom actingon anyitemnot on theagenda. Individual speakers are limitedto threeminuteseach. Commentsreceived via emailby August22, 2024, 10: 30 a. m., will be readinto the record, providedthat the readingshall not exceedthree ( 3) minutes. Emailed commentssubmitted by a speakerthat also appearsin personto address the samematterwill not be readinto the record. CITY
COUNCILLEGISLATIVECity
Clerk's CertificationThat ThereAre Not MoreCandidatesThan Officesto beElectedin District1 District3, andDistrict5 RECOMMENDATION:
That the City Council: 1)
Receive and file the CityClerk's Certificationthat thereare not morecandidatesthan officesto beelectedin CityCouncilDistrict 1, District3, andDistrict5; and2) Direct staff accordinglypursuant to CaliforniaElectionsCode § 10229. ADJOURN Page-
1 of 2
2 City Council Special Meeting Agenda August 22, 2024
I, AlondraMunoz, CityClerk, certifyI causedto bepostedthisAgendaonor beforeAugust19, 2024, by 5: 30 p. m., on our website at www.citvofhighland.orq and in the following designated areas:
Highland Branch Library
7863 Central Avenue
Date: August 19, 2024
Fire Station No. 1 City Hall
26974 Base Line 27215 Base Line
AloIrMunoz
City Clerk
3 STAFF REPORT
TO THE CITY COUNCIL
DATE: August 22, 2024
FROM: Carlos Zamano, City Manager
PREPARED BY: Alondra Munoz, City Clerk
SUBJECT: CityClerk'sCertificationthatThereareNotMoreCandidatesThanOffices to be Elected in District 1, District 3, and District 5 RECOMMENDATION: That the City Council:
1) Receive and file the City Clerk's Certification that there are not more candidates than offices to be elected in City Council District 1, District 3, and District 5; and
2) Direct staff accordingly pursuant to California Elections Code 10229.
FISCAL IMPACT: The Countyof San BernardinoRegistrarof Voters is in the processof preparing cost estimates for the election; $ 35, 000 has been budgeted. Not holding the election in District 1, District 3, and District 5 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 noticewas timelypublishedaccordingto applicable law.
BACKGROUND: On June 12, 2024, CityCouncil adopted ResolutionNo. 2024-015callingthe General Municipal Election to elect three Members of City Council on November 5, 2024. The NoticeofElectionwaspostedandpublishedonJuly3, 2024. Thenominationperiodwasopenfrom July 15 through August 9, 2024.
At the conclusion of the nomination period on August 9, 2024, only one incumbent candidate was nominated for District 3 and District 5 to fill the four- year term:
Penny Lilburn - District 3
Larry McCallon - District 5
Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No. I
File No.
C City Manager
1 Per California Elections Code § 10225, the nomination period for District 1was extended to August 14, 2024. If an eligible incumbent fails to file candidate filing documents byAugust 9, 2024, there will bea5-calendardayextensionduringwhichanycandidate, otherthantheincumbentmayfile. Atthe conclusion of the extended nomination period on August 14, 2024, only one candidate was nominated for District 1 to fill the four- year term:
Gregory Hogan - District 1
TheCityClerk'scertificationconfirmingthattherearenotmorecandidatesthanofficestobeelected for District 1, District 3, and District 5 was provided to City Council on August 14, 2024.
California Elections Code § 10229providesthat iftherearenotmorecandidatesthanofficesto 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. Appointto the officeany eligibleelectorif no onehas beennominated.
3. Hold the election if either no one or only one person has been nominated.
IftheCityCouncilappointstotheofficetheperson(s) nominatedforDistrict1, District3, andDistrict 5, then the election for District 1, District 3, and District 5 is cancelled, and the City Clerk is not to accept any further nominations. The nominee shall take office and serve exactly as if elected at a municipal election. Attached is a proposed resolution if Option 1 is chosen.
Noticeofthe subjectmeetingandthattherearenotmorecandidatesthanofficesto beelectedwas publishedon August17, 2024, pursuantto ElectionsCode §10229.
Attachments: City Clerk' s Certification
Copy of Newspaper Publication
Proposed Resolution
2 FFY Oh III ( rIILAN1) CITY
CLERK'S CERTIFICATIONTHAT THERE ARE NO
MORECANDIDATESTHAN OFFICESTO BE ELECTEDI
AtondraMunoz, City Clerkof theCityof Highland, do herebycertify that pursuantto § 10229of theElections Code of theStateof California, to thefollowingfacts relatingto theGeneralMunicipatElection to beheldon Tuesday, November5, 2024: As
of thecloseof thenominationperiod on Friday, August9, 2024, for member(s) of theCityCouncilrepresenting District 3 andDistrict5, thereare notmorecandidatesthan officesto beelected, The person(s) sonominatedare: Penny
Lilburn Member of CityCouncilDistrict 3 4- YearsLarry
McCallonMember of CityCouncilDistrict 5 4- YearsAs
of thecloseof thenominationperiod on Wednesday, August 14, 2024, for member(s) of theCityCouncil representingDistrict 1, thereare not morecandidatesthan officesto beelected. The person(s) sonominatedare: Gregory
Hogan Member of CityCouncilDistrict 1 4- YearsThat §
10229of theElectionsCode allowsone of thefollowingcourses of actionto betakenby theCityCouncil:
1. Appoint to theofficethe personwho has beennominated. 2.
Appoint to theofficean eligibleelector if noonehas beennominated. 3.
Hold the electionif eitherno oneor onlyone personhas beennominated. A noticeof thesefacts wilt be postedWednesday, August 14, 2024, and will be publishedon August17, 2024, in a newspaperof generalcirculationin thecitypursuantto § 6061of theGovernmentCode. After the fifthday followingthe dateof thepublication, the CityCouncilwill meetto eithermakethe appointment(s) ordirectan election to beheld. The person(s) appointed, if any, shallqualifyand takeofficeand serveexactlyas if electedat a municipal election for the office. If,
bythe75thday beforethe municipalelection, no person(s) hasbeenappointedto theofficepursuantto 1) or (2) above, the electionshalt be held. If
theCityCouncilmakesan appointment(s) pursuantto § 10229, ElectionsCode, the CityClerkshaltnot accept for filingany statementof write-in candidacywhich is submittedafter the appointmentis made. Atondra Munoz Elections
Official mo)
64_ 6861 27113 I3ASA% ]ANK III( dil- AND, CA 02346t. l r'"OI Illt: lll.. l l), I) lil 3 CALIFORNIA NEWSPAPER SERVICE BUREAU
DAILY JOURNAL CORPORATION
Mailing Address: 915 E 1ST ST, LOS ANGELES, CA 90012
Telephone ( 800) 788- 7840 / Fax ( 800) 464- 2839
Visit us @ www. LegalAdstore. com
ALONDRA MUNOZ
HIGHLAND CITY CLERK
27215 BASE LINE
HIGHLAND, CA 92346
COPY OF NOTICE
Notice Type: ELC ELECTION NOTICE
Ad Description
Notice That There Are No More Candidates Than Offices to be Elected To the right is a copy of the notice you sent to us for publication in the SAN BERNARDINO COUNTY SUN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date( s) for this notice is ( are):
08/ 17/ 2024
The charge( s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.
SBS# 3843629
CITY OF HIGHLAND
NOTICE THAT THERE ARE
NOT MORE CANDIDATES THAN
OFFICES TO BE ELECTED
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 5, 2024:
As of the close of the nomination
period on Friday, August 9, 2024,
there are not more candidates than
offices to be elected for Districts 3
and 5.
The person( s) so nominated are:
Penny Lilburn Member of City
Council District 3
Larry McCallon Member of City
Council Districts
As of the close of the nomination
period on Wednesday, August 14,
2024, there are not more candidates
than offices to be elected for District
1. The person( s) so nominated are:
Gregory Hogan Member of City
Council District 1
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( s)
who has been nominated.
2. Appoint to the office an eligible
elector( voter) 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
Thursday, August 22, 2024, 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( s) 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.
Aionara munoz
Elections Official
Dated: August 14, 2024
Published: August 17, 2024
8/ 17/ 24
SBS- 3843629#
4 RESOLUTION NO. 2024- OXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,
CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO ONE CITY COUNCIL OFFICE FOR DISTRICT 1, DISTRICT 3, AND DISTRICT 5, AND CANCELLING THE NOVEMBER 5, 2024 MUNICIPAL ELECTION IN THOSE DISTRICTS
WHEREAS, pursuantto Section10229of the ElectionsCodeof the Stateof California, as of the close of the nomination period on August 9, 2024, there are not more candidates than offices to be elected in City Council District 3 and District 5. As of the close of the extended nomination period on August 14, 2024, there are not more candidates than offices to be elected in City Council District 1. Section 10229 of the California 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. Appointto the officeanyeligibleelectorif no one has beennominated.
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 14, 2024, pursuantto ElectionsCodeSection10229; and
WHEREAS, a noticewas postedon August 14, 2024 and timely publishedon August 17, 2024 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 pursuantto Section 10229 of the ElectionsCode 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:
Gregory Hogan Member of City Council District 1 4- Years Penny Lilburn Member of City Council District 3 4- Years Larry McCallon Member of City Council District 5 4- Years SECTION 2. The municipal elections scheduled to be held on Tuesday, November 5, 2024, in District 1, District 3, and District 5 is now canceled.
SECTION 3. The personsappointedshall qualify and take office and serve exactly as if elected at a municipal election for the office.
5 SECTION 4. TheCityClerkshallcertifyto the passageandadoptionof this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 22nd day of August, 2024.
Penny Lilburn
Mayor
ATTEST:
Alondra Munoz
Elections Official
6