1 City of Portola
AGENDA
Special Meeting
August 21, 2024 06:00 PM
35 Third Ave, Portola, CA 96122
https://www.cityofportola.com/
Mayor Pat Morton • Mayor Pro-Tem Jim Murphy • Councilmember Bill Powers • Councilmember Leah Turner • Councilmember Mikki Brown
REASONABLE ACCOMMODATIONS
The City Council welcomes you to its meetings which are regularly held the second and fourth Wednesday of each month at 6:00 p.m. at the City Hall Council Chambers. Your interest and participation is encouraged and welcome.
As a courtesy, the City Council meeting is also accessible to the public via live streaming at:
https://zoom.us/j/3583067836 or by phone at: Phone Number 1.669.900.6833; Meeting ID: 358 306 7836. Online and telephonic access does not guarantee the public the ability to observe the meeting in the event there is a disruption or connectivity issues that affect broadcasting.
Members of the public who want to be assured that they have the ability to observe the meeting and make comment during the meeting, should attend the meeting in-person.
Any person desiring to address the City Council or any committee, commission or agency under the jurisdiction of the City Council, on any item not on the agenda may do so during public comment period. Public comment during the meeting will be accepted in person only.
Public Comment can be made by clicking on the "comment" section directly from the agenda, next to each agenda item.
Public comment for regular meetings will also be accepted via email sent to the Administrative Clerk, at [email protected] which if received at least 24 hours prior to commencement of the meeting will be distributed to the Council and posted to the City’s website prior to the meeting.
Meeting facilities are accessible to persons with disabilities. Reasonable efforts will be made to accommodate the participation of the disabled in the City’s public meetings. If special accommodation for the disabled is needed, please notify the City at 530.832.6801 at least 48 hours prior to the meeting.
1. Call to Order
A. Roll Call
B. Pledge of Allegiance
2 2. Public Comments
Discussion Comment
This section is intended to provide members of the public with an opportunity to comment on any subject that does not appear on this agenda. Please note that California law prohibits the City Council from taking action on any matter which is not on the posted agenda, unless it is determined to be an urgency item by the City Council. Any member of the public wishing to address the City Council during “PUBLIC COMMENT” shall first secure permission of the presiding officer, stand; may give his/her name and address to the Clerk for the record. Each person addressing the City Council shall be limited to three minutes ordinarily, unless the presiding officer indicates a different amount will be allotted.
3. Appointment of Persons Nominated for City Offices
Discussion Possible Action Comment View Item
Consider appointing the only persons nominated for the City offices of City Council Member, City Clerk and City Treasurer in lieu of holding an election.
4. Adjournment
1 MEETING DATE: August 21, 2024
AGENDA ITEM: 3. Appointment of Persons Nominated for City Offices FROM: Steve Gross, City Attorney
RE: Appointment of Persons Nominated for City Offices
EXECUTIVE SUMMARY:
Attached is the Memorandum dated August 20, 2024 regarding the appointment of Persons Nominated for City Offices.
Also attached is the Memorandum dated August 8, 2024 Designation of Elections Official and The Certification of Insufficient Nominees and Notice of Insufficient Nominees.
RECOMMENDATION:
Consider appointing the only person nominated for the City offices of City Council Member, City Clerk and City Treasurer in lieu of holding an election.
ATTACHMENTS:
A. MEMORANDUM - APPOINTMENT OF PERSONS NOMINATED FOR CITY OFFICES - B. MEMORANDUM AUGUST 8, 2024
C. CERTIFICATION OF INSUFFICIENT NOMINEES
D. NOTICE OF INSUFFICIENT NOMINEES
{01172967.DOC 1 }
TRUCKEE | 40200 Truckee Airport Road, Suite 1, Truckee, California 96161 | phone (530) 587-2002 | fax (530) 579-5999 RENO
Ethan J. Birnberg*◊
Kelley R. Carroll*†
Sara D. Davidson
Pamela M. Everett
Steven C. Gross*
Brian C. Hanley*
Traci S. Mason
James E. Simon
Ravn R. Whitington*
David W. Wolfe*
James L. Porter, Jr., Of Counsel
Louis A. Basile, Of Counsel
* Also licensed in Nevada
◊ Also licensed in Colorado and
Wyoming
† Certified Specialist in Estate
Planning, Trust & Probate Law
(California Board of Legal
Specialization)
MEMORANDUM
To: City Council, City of Portola
From: Steven C. Gross, City Attorney
Date: August 20, 2024
Subject: Appointment of Persons Nominated for City Offices ______________________________________________________________________________ I. Recommended Action
Appoint incumbent Council members Pat Morton, Jim Murphy, and Mikki Brown to the City Offices of City Council member and Linda Cooley to the City Offices of City Clerk and City Treasurer.
II. Background
Included with his Memorandum is a copy of my Memorandum to the City Council dated August 8, 2024, regarding Designation of Elections Official that was included in the meeting packet for the Council’s regular meeting that was held on August 14, 2024. That Memorandum addresses the legality of appointing the persons who have been nominated for City Offices pursuant to Elections Code § 10229. At the August 14, 2024, meeting the City Council appointed Melissa Klundby as the City’s Election Official and accepted a Certification of Insufficient Nominees from the Elections Official. Thereafter, on August 15, 2024, a Notice of Insufficient Nominees was posted on the City’s website and in three (3) locations in the City that were freely accessible to the public. A copy of the Certification and Notice are also being provide the City Council.
During the City Council’s August 14, 2024, meeting and discussion of the item to designate a City Elections Official, Lindsey Shaw asserted that I/the City improperly shortened the date for nomination papers to be filed and referenced Government Code Section 6707 in support of her assertion. In her prepared statement that she read from and distributed, Ms. Shaw cited Government Code section 6707 for the proposition that the filing deadline should have been extended to Monday, August 12, because the deadline should be extended to the next business day if the deadline falls on a weekend or holiday.
August 20, 2024
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III. Law and Analysis
Ms. Shaw’s assertion is incorrect for two reasons. First, the deadline did not fall on a holiday or weekend. It fell on a Friday, a day on which City Offices were closed, i.e. – that Friday was not part of the City’s “normal business hours as posted”. (See Elections Code section 10224). Second, Government Code section 6707 does NOT apply to the City; it clearly and expressly applies only to state agencies. The City is not a state agency. Ms. Shaw did not address the applicability of that code section to state agencies only in her comments. Here is that code section in its entirety,
Government Code section 6707
“When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed.” (Emphasis added.) The City properly relies on Elections Code Section 10224 which states that the nomination papers can be filed during normal business hours as posted up until the 88th day before the election. This code section does not provide for extending the filing period when the last day falls during non-normal business hours as posted. Here is that code section in its entirety,
Elections Code Section 10224
“All nomination papers shall be filed with the city elections official during regular business hours as posted, not later than the 88th day before the election. Until that time, but not after, a candidate may withdraw his or her nomination paper after it is filed with the elections official as provided in this section.”
The City did not shorten the filing period. It informed the public that the effective date for filing was the 8th because the 9th was a day that City Hall was closed as posted at City Hall and on the City’s website.