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Home My WebLink About07-16-2020 Council agenda packetSaratoga City Council Agenda – July 16, 2020 - Page 1 of 2 SARATOGA CITY COUNCIL SPECIAL MEETING JULY 16, 2020 6:00 P.M. SPECIAL MEETING Teleconference/Public Participation Information to Mitigate the Spread of COVID‐19 This meeting will be entirely by teleconference. All Council members and staff will only participate via the Zoom platform using the process described below. The meeting is being conducted in compliance with the Governor’s Executive Order N‐29‐20 suspending certain teleconference rules required by the Ralph M. Brown Act. The purpose of this order was 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. Members of the public may view and participate in the meeting by: 1. Using the Zoom website https://us02web.zoom.us/j/88147194291or App (Webinar ID 881 4719 4291) and raising their hand when directed to speak on an agenda item; 2. Calling 1.408.638.0968 or 1.669.900.6833 and pressing *9 to raise their hand to speak on an agenda item when directed; OR 3. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast Channel 15, AT&T UVerse Channel 99) and calling 1.669.900.6833 or 1.408.638.0968 and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor; OR 4. Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2 and calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (881 4719 4291), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor. Please mute your computer or television before giving public comment. The public will not be able to participate in the meeting in person. As always, members of the public can send written comments to the Council prior to the meeting by commenting online at www.saratoga.ca.us/comment prior to the start of the meeting. These emails will be provided to the members of the Council and will become part of the official record of the meeting. During the meeting the Mayor will explain the process for members of the public to be recognized to offer public comment. Saratoga City Council Agenda – July 16, 2020 - Page 2 of 2 In accordance with the Americans with Disabilities Act and the Governor’s Executive Order, if you need assistance to participate in this meeting due to a disability, please contact the City Clerk at debbieb@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City will use its best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety. AGENDA ITEMS: City Council Vacancy Recommended Action: In response to the vacancy on the City Council, staff recommends that the City Council adopt the attached resolution providing that the seat be filled at the November 3, 2020 election. Alternatively, the City Council could appoint a registered Saratoga voter to fill the vacant seat for the remainder of the term or provide direction to staff on the process for appointment. Staff Report Attachment A – Resolution Declaring That The City Council Vacancy Will Be Filled At The November 4, 2020 Municipal Election ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Debbie Bretschneider, CMC, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on June 26, 2020 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 26th day of June 2020 at Saratoga, California. Debbie Bretschneider, CMC, City Clerk In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda, copies of materials distributed to the City Council concurrently with the posting of the agenda, and materials distributed to the City Council by staff after the posting of the agenda are available on the City Website at www.saratoga.ca.us. Following removal of State and local shelter in place orders these materials will be available for review in the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, California. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at debbieb@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City will use its best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety. [28 CFR 35.102-35.104 ADA title II] To view current or previous City Council Meeting videos, visit www.saratoga.ca.us/council 1 SARATOGA CITY COUNCIL MEETING DATE:July 16, 2020 DEPARTMENT:City Clerk PREPARED BY:Debbie Bretschneider, City Clerk Richard Taylor, City Attorney SUBJECT:City Council Vacancy RECOMMENDED ACTION: In response to the vacancy on the City Council,staff recommends that the City Council adopt the attached resolution providing that the seat be filled at the November 3,2020 election. Alternatively, the City Council could appoint a registered Saratoga voter to fill the vacant seat for the remainder of the term or provide direction to staff on the process for appointment. BACKGROUND: Council Member Manny Cappello resigned from the City Council effective July 1, 2020. Elections Code 36512(b) requires that the City Council either direct that the seat be filled at the upcoming election or appoint a registered voter from the City of Saratoga to complete the term. This decision must be made no later than Sunday, August 30th and requires at least 3 votes. Council Member Cappello was elected in November, 2016 and the term for his seat expires at the City Council Reorganization meeting when the election results are declared. The Reorganization is scheduled for December 15, 2020. There are 8 regular City Council meetings scheduled between now and the Council Reorganization. On June 3, 2020 the City Council adopted Resolution No. 20-030 calling a General Municipal Election on November 4, 2020. The vacant seat is up for election at that time. Accordingly, if the City Council were to choose to allow the seat to remain vacant, the election would be served by the General Election, and the seat would be filled when the election results are declared on December 15, 2020.The attached resolution would implement that option. 3 2 In making inquires to other cities, staff has identified six cities where there was a vacancy in the last eight months of a Council Member’s term. In five of those cities, the City Council allowed the seat to remain vacant until the regular general election; one city made an appointment. If the Council wishes to make an appointment to serve for the period between now and the election, it may do so at this meeting or provide direction on the process to be used to make the selection. ATTACHMENT Attachment A – Resolution Declaring That The City Council Vacancy Will Be Filled At The November 4, 2020 Municipal Election 1263302.1 4 RESOLUTION 20-__ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING THAT THE CITY COUNCIL VACANCY WILL BE FILLED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020, AS CALLED BY RESOLUTION NO. 20-030 WHEREAS, Manny Cappello was elected to the Saratoga City Council in November, 2016 for a four year term expiring following the November 2020 election; and WHEREAS, City Council member Manny Cappello resigned from the City Council effective July 1, 2020; and WHEREAS, California Government Code Section 36512 requires the City Council to make an appointment or call for the seat to be filled in an election; and WHEREAS, on June 3, 2020 the City Council adopted Resolution No. 20-30 calling a municipal election to be held Tuesday, November 3, 2020 to fill two expiring Council terms, including that of Council member Cappello; and WHEREAS, the City Council has determined that it is in the City’s best interest to allow the voters of the City to elect the Council member to replace Council member Cappello. NOW, THEREFORE, be it resolved by the City Council of the City of Saratoga that the City Council vacancy created by the resignation of Council member Cappello shall be filled by the Municipal Election to be held November 3, 2020. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 16th day of July, 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor ATTEST: DATE: Debbie Bretschneider, CMC, City Clerk 5