AGENDA
City of Monte Sereno
Thursday, August 25, 2022
Special Meeting of the City Council
12:00 PM
Monte Sereno City Council Chambers - 18041 Saratoga -
Los Gatos Road, Monte Sereno, Ca 95030
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Page
CALL TO ORDER
The Mayor, or a majority of the Council by vote, may change the order of business, except for public hearings on the agenda for a set time.
ROLL CALL
NEW BUSINESS
1. Consider and Adopt Resolution Extending Teleconferencing of City Council Meetings Pursuant to Government Code Section 54953 (AB 361)
3 - 6
Staff recommends that the City Council consider and adopt a resolution extending teleconferencing of City Council meeting pursuant to AB 361.
Staff Report - SR-22-185 - Pdf
2. Consider and Adopt Resolution Canceling the November 8, 2022 General Municipal Election and Appointing the Nominated Candidates to the City Council
Staff recommends that the Council adopt a resolution canceling the November 8, 2022 General Municipal Election and appoint nominated candidates to the City Council.
Staff Report - SR-22-190 - Pdf
7 - 11
ADJOURN
* All items on the agenda are subject to action/or change by the City Council In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (408) 354-7635. If requested of the City Clerk, agendas and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28CFR 35.102-35.104 ADA Title II]
STAFF REPORT
Meeting: Special Meeting of the City Council - Aug 25 2022 Agenda Heading: NEW BUSINESS
Staff Contact: Michelle Estabillo, City Clerk
Department: City Clerk
Title: Consider and Adopt Resolution Extending Teleconferencing of City Council Meetings Pursuant to Government Code Section 54953 (AB 361) Recommendation(s):
Staff recommends that the City Council consider and adopt a resolution extending teleconferencing of City Council meeting pursuant to AB 361.
Background Information:
AB 361 was signed by the Governor of the State of California and went into effect immediately upon signature by the governor. It amends the Brown Act to allow local legislative bodies to continue having purely virtual meetings using teleconferencing and virtual meeting technology as long as there is a gubernatorial “proclaimed state of emergency,” and either (1) state or local officials imposing or recommending measures that promote social distancing or (2) the legislative body finding that meeting in person would present an imminent safety risk to attendees.
The key differences between existing Executive Order N-08-21, which expires September 30, 2021, and AB 361 is that AB 361 imposes particular requirements with respect to public comment, however, the City of Monte Sereno’s current practices with respect to live public comment via Zoom already satisfy all of the new requirements in AB 361. Additionally, public agencies must either make findings by majority vote that the state of emergency still exists and continues to directly impact the ability of the members to meet safely in person, or that health officials continue to impose or recommend measures to promote social distancing.
Determinations by the local agency that the emergency impacts the ability to meet safely inperson must be re-visited every 30 days.
At its September 21, 2021 meeting, the City Council adopted Resolution No. 21-3826 authorizing virtual City Council meetings during declared state of emergency pursuant to Government Code. The City Council determined that the pandemic of COVID-19 creates an imminent safety risk to councilmembers and other potential attendees of City Council meetings. At present, risk of COVID-19 due the delta and omicron variant remains high; the CDC reports that for the period between the period between August 11, 2022 and August 18, 2022 that Santa Clara County had “medium” community transmission with 198.72 case rate per 100,000 population,10.9 new COVID-19 admissions per 100,000 population, and 6.4%
staffed inpatient beds in use by patients with confirmed COVID-19. Due to the ongoing state of emergency, staff believes that the City Council can re-adopt its previous findings, and authorize continued virtual meetings for the next 30 days.
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda, and this report appear on the City’s website.
Attachments:
Draft Resolution
RESOLUTION NO. 22-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO AUTHORIZING
VIRTUAL CITY COUNCIL MEETINGS DURING DECLARED STATE OF EMERGENCY PURSUANT TO GOVERNMENT CODE SECTION 54953 (AB 361)
WHEREAS, AB 361 was recently signed by the Governor of the State of California, enacting certain changes to the Brown Act as set forth in Government Code section 54953; and
WHEREAS AB 361 authorizes local legislative bodies to continue having purely virtual meetings using teleconferencing and virtual meeting technology as long as there is a gubernatorial “proclaimed state of emergency,” and either (1) state or local officials imposing or recommending measures that promote social distancing or (2) the legislative body finding that meeting in person would present an imminent safety risk to attendees; and
WHEREAS, the state of emergency proclaimed by the Governor on March 4, 2020 related to the pandemic of coronavirus commonly as COVID-19 has not been rescinded and remains in effect; and
WHEREAS, new variants of COVID-19 have developed, and risks of illness or death due to such variants remains significant to the general public; and WHEREAS, the CDC reports that for the period between August 11, 2022 and August 18, 2022 that Santa Clara County had “medium” community transmission with 198.72 case rate per 100,000 population, 10.9 new COVID-19 admissions per 100,000 population, and 6.4% staffed inpatient beds in use by patients with confirmed COVID-19; WHEREAS, the County of Santa Clara Health Officer ordered on August 2, 2021, that face coverings be used in all indoor settings, including all governmental meetings, and recommended that governmental entities move operations and activities outdoors where possible as a result of the continued transmission of the Delta and Omicron Variant of COVID-19;
WHEREAS, the City Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees and other bodies that were created by the City Council pursuant to Government Code section
54952(b) (collectively referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Monte Sereno that:
1. The City Council determines that the pandemic of COVID-19 creates an imminent safety risk to councilmembers and other potential attendees of City Council meetings.
2. In accordance with AB 361, the City Council shall re-consider the passage of this resolution not less than every 30 days to determine whether state of emergency continues to directly impact the ability of the members to meet safely in person, or whether state or local officials continue to impose or recommend measures to promote social distancing, until this resolution is rescinded.
3. The Legislative Bodies, and City staff, are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act.
REGULARLY passed and adopted this 25th day of August, 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Javed I. Ellahie, Mayor
ATTEST:
Michelle Estabillo, City Clerk
STAFF REPORT
Meeting: Special Meeting of the City Council - Aug 25 2022 Agenda Heading: NEW BUSINESS
Staff Contact: Michelle Estabillo, City Clerk
Department: City Clerk
Title: Consider and Adopt Resolution Canceling the November 8, 2022 General Municipal Election and Appointing the Nominated Candidates to the City Council
Recommendation(s):
Staff recommends that the Council adopt a resolution canceling the November 8, 2022 General Municipal Election and appoint nominated candidates to the City Council.
Background Information:
At the June 7, 2022 City Council meeting, the Council adopted Resolution No. 22-3852 calling for the November 8, 2022 General Municipal Election and requested that the City consolidate with the Statewide General Election. The municipal election is for the election of three Councilmembers for full four-year terms. The initial nomination period ran from July 18, 2022, through August 12, 2022 and was extended by Elections Code section 10225 to August 17, 2022 due to nomination papers not being filed by all incumbent officers. As of the close of the nomination extension period, Javed Ellahie, Evert Wolsheimer, and Burton Craig filed nomination papers, which were reviewed by the City Clerk (as the City’s elections official) and determined to meet requirements for submission.
Analysis:
Elections Code Section 10229, provides that where offices are elected at large (like the City Council) and the number of candidates does not exceed the number of the offices to be filled, then the City Council may consider one of the following courses of action:
1.Appoint to the office the persons who have been nominated.
2.Hold the election.
The Elections Code requires that the City Clerk present a statement that there are not more candidates than offices to be elected and outlining the courses of action available to the Council to the City Council. A notice was also published in the San Jose Mercury News on August 20, 2022, as required pursuant to Elections Code 10229(a)(3). A decision to cancel the election and make the appointments must be made 5 days after publication but also must
be made by the 75th day before the election (i.e. August 25, 2022); otherwise, the election must be held. (Elections Code Section 10229(a)(3)).
If the Council makes appointments 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.
Should the Council decide to cancel the election, a resolution would need to be adopted canceling the election and appointing Javed Ellahie, Evert Wolsheimer, and Burton Craig as Councilmembers. The resolution would need to be delivered in person to the Santa Clara County Registrar of Voters by 5:00 p.m. on Thursday, August 25, 2022.
Fiscal Impact:
The City budgeted $15,000 for the November 8, 2022 General Municipal Election in FY2022-
23. The only expenses incurred so far to this budget line item is for the Certification of Facts published in the San Jose Mercury News on August 20, 2022. The cost for that notice is $860.88. If the Council decides to cancel the November 8, 2022 General Municipal Election, the City will have a savings of $14,139.12.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
City Clerk's Certification of Facts
Draft Resolution
CITY OF MONTE SERENO
CITY CLERK’S CERTIFICATION THAT THERE ARE NOT MORE
CANDIDATES THAN OFFICES TO BE ELECTED
I, Michelle Estabillo, City Clerk of the City of Monte Sereno, do hereby certify that pursuant to § 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, and close of nomination extension period on August 17, 2022, there are not more candidates than offices to be elected.
The persons so nominated are:
JAVED ELLAHIE
EVERT WOLSHEIMER
BURTON CRAIG
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 persons who have been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election.
A notice of these facts was published on August 20, 2022 in a newspaper of general circulation in the City pursuant to § 6061 of the Government Code. After the fifth day following the date of publication, the City Council will meet to either make the appointments or direct an election to be held. The persons appointed 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) have been appointed to the offices pursuant to (1) or (2) above, the election shall be held.
If the City Council makes the appointments pursuant to § 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.
____________________________________
Michelle Estabillo, City Clerk
August 20, 2022
RESOLUTION NO. 22-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO CANCELLING THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION AND APPOINTING NOMINATED CANDIDATES TO OFFICE PURSUANT TO ELECTIONS CODE SECTION 10229 WHEREAS, pursuant to Elections Code § 10229, as of the close of the nomination period on August 17, 2022, there were not more candidates than offices to be elected; WHEREAS, only three candidates were nominated for the three City Council seats to be filled at the November 8, 2022 election; and
WHEREAS, there are no other city offices to be filled at the November 8, 2022 election, and no city measure has qualified to be submitted to the voters at that election; and WHEREAS, Elections Code §10229 allows the City Council to take 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. Hold the election.
WHEREAS, the City Clerk delivered to the City Council the certificate required by California Elections Code Section 10229, which is attached hereto as Exhibit A; and WHEREAS, the City Clerk has, on August 20, 2022, published the notice required by California Elections Code Section 10229; and
WHEREAS, the City Council has determined that by appointing the officers as permitted by Elections Code Section 10229 the General Fund of the City of Monte Sereno will save approximately $14,139.12; and
WHEREAS, pursuant to Section 10229 of the Elections Code of the State of California the City Council now desires to appoint the three persons nominated for office of councilmember, Javed Ellahie, Evert Wolsheimer, and Burton Craig to four-year terms as if they were elected at the November 8, 2022, general municipal election; and
WHEREAS, in accordance with Section 10229 of the Election Code, the appointments are made by the 75th day before the municipal election.
NOW THEREFORE, the City Council of the City of Monte Sereno does hereby RESOLVE, DECLARE, AND DETERMINE as follows:
1. That pursuant to §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 offices for which they were nominated and are considered to be the same as being elected, pursuant to §10229(a)(3) of the Elections Code.
Javed Ellahie, Member of the City Council for a Four-Year Term Evert Wolsheimer, Member of the City Council for a Four-Year Term Burton Craig, Member of the City Council for a Four Year Term
2. The election scheduled to be held on Tuesday, November 8, 2022, is now cancelled.
3. The persons appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office.
4. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
5. The City Clerk is authorized to transmit a certified copy of the Resolution and all necessary documents to the Santa Clara County Registrar of Voters and Board of Supervisors.
6. The City Clerk shall not to accept for filing any statement for write-in candidacy after the appointments are made.
7. This Resolution will become effective immediately upon adoption.
This Resolution was PASSED and ADOPTED on the 25
th day of August, 2022 at a Special
Meeting ofthe City Council ofthe City of Monte Sereno, California, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
Javed I. Ellahie, Mayor
ATTEST:
______________________________
Michelle Estabillo, City Clerk