tuesday, june 19, 2018 city of half moon bay regular ... … · page 1 of 2 business of the council...

Adcock Community/Senior Center535 Kelly AvenueHalf Moon Bay, California 94019

Deborah Penrose, MayorHarvey Rarback, Vice MayorAdam Eisen, CouncilmemberRick Kowalczyk, CouncilmemberDebbie Ruddock, Councilmember

CITY COUNCIL AGENDAREGULAR MEETING

CITY OF HALF MOON BAY

TUESDAY, JUNE 19, 2018

7:00 PM

This agenda contains a brief description of each item to be considered. Those wishing to address the City Council on any

matter not listed on the Agenda, but within the jurisdiction of the City Council to resolve, may come forward to the podium

during the Public Forum portion of the Agenda and will have a maximum of three minutes to discuss their item. Those

wishing to speak on a Public Hearing matter will be called forward at the appropriate time during the Public Hearing

consideration.

Please Note: Anyone wishing to present materials to the City Council, please submit seven copies to the City Clerk.

Copies of written documentation relating to each item of business on the Agenda are on file in the Office of the City Clerk

at City Hall and the Half Moon Bay Library where they are available for public inspection. If requested, the agenda shall be

available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with

Disabilities Act of 1990 (42 U.S.C. Sec. 12132.) Information may be obtained by calling

650-726-8271.

In compliance with the Americans with Disabilities Act, special assistance for participation in this meeting can be

obtained by contacting the City Clerk’s Office at 650-726-8271. A 48-hour notification will enable the City to make

reasonable accommodations to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II).

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MEETING WILL CONCLUDE BY 11:00 PM UNLESS OTHERWISE EXTENDED BY COUNCIL VOTE

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ROLL CALL / PLEDGE OF ALLEGIANCE

PROCLAMATIONS AND PRESENTATIONSPRESENTATION OF 2018 HALF MOON BAY LEADERSHIP AWARDSPROCLAMATION HONORING ASSISTANT SHERIFF MUNSEY

RECESS FOR RECEPTION TO THANK ASSISTANT SHERIFF MUNSEY

MAYOR'S ANNOUNCEMENTS OF COMMUNITY ACTIVITIES AND COMMUNITY SERVICE

REPORT OUT FROM RECENT CLOSED SESSION MEETINGS

CITY MANAGER UPDATES TO COUNCIL

PUBLIC FORUM

1. CONSENT CALENDAR

1.A WAIVE READING OF RESOLUTIONS AND ORDINANCES

1.B WARRANTS FOR THE MONTH OF APRIL 2018

Staff Recommendation: Accept the attached warrants list for the month of April 2018.

STAFF REPORT

ATTACHMENT 1

1.C QUARTERLY FINANCIAL REPORT FOR THE THIRD QUARTER OF FISCAL YEAR 2017-2018

Staff Recommendation: Accept the Quarterly Financial Report for the 3rd Quarter of FiscalYear 2017-2018.

STAFF REPORT

ATTACHMENT 1

1.D FIRST AMENDMENT TO JANITORIAL MAINTENANCE SERVICES AGREEMENT

Staff Recommendation: Adopt a resolution authorizing the Interim City Manager to executethe first amendment to the professional services agreement with Impec Group, Inc. toinclude janitorial services at the City Annex, Mac Dutra Restrooms, and Train DepotRestrooms.

STAFF REPORT

RESOLUTION

1.E PUBLIC WORKS CONTRACT AMENDMENTS - TIME EXTENSIONS ONLY

Staff Recommendation: Adopt a resolution authorizing the Interim City Manager to executeamendments extending only the expiration dates for professional services agreements withVali Cooper & Associates, Inc. and Peninsula Municipal Engineering.

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STAFF REPORT

RESOLUTION

1.F CONSTRUCTION CONTRACT AWARD FOR THE 2018 STREET REHABILITATION PROJECT (CIPNO. 514)

Staff Recommendation: Adopt a resolution authorizing the Interim City Manager to awardand execute a construction contract for the 2018 Street Rehabilitation Project (CIP No. 514)to the lowest responsive and responsible bidder, Half Moon Bay Grading and Paving, Inc., ofHalf Moon Bay, California, in the total bid amount of $898,226.64, and approve anadditional contingency amount not exceeding 15 percent, or $134,734, of the contractaward amount for potential change orders.

STAFF REPORT

RESOLUTION

ATTACHMENT 2

2. ORDINANCES AND PUBLIC HEARINGS

2.A PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY REGARDING THE CREATIONOF A DISTRICT-BASED ELECTION SYSTEM

Staff Recommendation: Staff recommends the Council: 1) Receive a report from staff on thedistricting process and permissible criteria to be considered to create district boundaries; 2)conduct a public hearing to receive public input on district boundaries; and 3) providedirection to the City’s demographer regarding the composition of districts for a district-based election system.

STAFF REPORT

ATTACHMENT 1

ATTACHMENT 2

ATTACHMENT 3

3. RESOLUTIONS AND STAFF REPORTS

3.A CANNABIS REVENUE REPORT AND DISCUSSION OF POTENTIAL CANNABIS BUSINESS TAX;ADOPTION OF A RESOLUTION PLACING ON THE NOVEMBER 6, 2018 GENERAL ELECTIONBALLOT, A PROPOSED ORDINANCE ADDING CHAPTER 3.200 “COMMERCIAL CANNABISACTIVITIES” TO THE HALF MOON BAY MUNICIPAL CODE TO ALLOW AND REGULATELIMITED CANNABIS NURSERIES; CONSIDER ADOPTION OF A RESOLUTION PLACING ON THENOVEMBER 6, 2018, GENERAL ELECTION BALLOT THREE ADVISORY MEASURES SEEKINGPUBLIC OPINION ON WHETHER THE CITY SHOULD ALLOW VARIOUS COMMERCIALCANNABIS ACTIVITIES; AND CONSIDER ADOPTION OF A RESOLUTION AUTHORIZINGREBUTTAL ARGUMENTS FOR CITY MEASURES

Staff Recommendation: 1) Receive the report, Fiscal Analysis of the Commercial CannabisIndustry and Potential Tax Revenue; 2) discuss and provide any direction to staff regarding apotential cannabis business tax measure for the November 6, 2018 ballot; 3) adopt aresolution ordering submission of a proposed ordinance amending the Municipal Code toallow and regulate limited cannabis nurseries, to the electors of the City at the November 6,

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2018 General Election; providing for written arguments regarding the measure; anddirecting the City Attorney to prepare an impartial analysis of the measure; 4) adopt aresolution ordering submission of three advisory measures regarding commercial cannabisactivities to the electors of the City at the November 6, 2018 General Election; providing forwritten arguments regarding each of the advisory measures; and directing the City Attorneyto prepare an impartial analysis for each advisory measure; and 5) adopt a resolutionauthorizing rebuttal arguments for City measures.

STAFF REPORT

RESOLUTION 1

RESOLUTION 2

RESOLUTION 3

3.B LIBRARY CAPITAL DONATIONS AND NAMING OPPORTUNITIES

Staff Recommendation: Adopt a resolution accepting a donation from the Friends of theHalf Moon Bay Library and amending the FY 2017-18 budget to record additional revenuesof $346,000 and appropriate these funds in the Library Capital Fund (F16) to offset the costof the new library construction project.

STAFF REPORT

RESOLUTION

ATTACHMENT 2

3.C COUNCILMEMBER VACANCY – OPTIONS FOR ACTION

Staff Recommendation: Due to a vacancy on the City Council, the Council is requested toselect one of the following three options: 1) adopt a resolution appointing a registered voterwithin Half Moon Bay to fill the vacant seat for the remainder of the term; 2) adopt aresolution inviting applications and setting a process for appointment; or 3) adopt aresolution calling a special election for November 6, 2018 at which time the vacant seat willbe up for election.

STAFF REPORT

RESOLUTION 1

RESOLUTION 2

RESOLUTION 3

3.D COUNCILMEMBER REQUEST – CHARTER CITY INFORMATION

Staff Recommendation: Discuss whether to direct staff to bring back information ontransitioning Half Moon Bay from a general law city to a charter city.

STAFF REPORT

ATTACHMENT 1

ATTACHMENT 2

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ATTACHMENT 3

FOR FUTURE DISCUSSION / POSSIBLE AGENDA ITEMS

CITY COUNCIL REPORTS

ADJOURNMENT

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BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY

AGENDA REPORT

For meeting of: June 19, 2018

TO: Honorable Mayor and City Council VIA: David Boesch, Interim City Manager FROM: Yulia Carter, Acting Deputy City Manager - Finance and Administrative Services TITLE: WARRANTS FOR THE MONTH OF APRIL 2018 ______________________________________________________________________________ RECOMMENDATION: Accept the attached warrants list for the month of April 2018. STRATEGIC ELEMENT: This recommendation supports the Fiscal Sustainability and Inclusive Governance Element. DISCUSSION: During this month, we processed three check runs. The first was on April 16, 2018, totaling $947,615.73, the second was on April 30, 2018, totaling $457,422.49, and the third was on April 30, 2018 totaling $23,083.65. The grand total for all warrants for the month was $1,428,121.87. The City processed payments related to 26 capital improvement projects, in a total amount of $913,581.68. These projects include Infiltration and Inflow Reduction, Sewer Lift Upgrades, Street Resurfacing, Ocean Colony Pump Station, Highway 1 Safety/Congestion Improvement, Highway 92 Safety and Operational Implementation, Library Replacement, New Accounting System, Sewer Master Plan, Pilarcitos Trail Bridge, Citywide Sidewalk Assessment, Street Tree Assessment, Bike and Pedestrian Master Plan, Correas Street Underground and Seymour Ditch Erosion. Staff is also including a list of all payments above $30,000 processed during this reporting period, as listed in the table below.

ATTACHMENTS: Check Disbursement List by Check Date

Check# Vendor Number Payee Check Date Check Amount Description

43670 3085 SHUTE, MIHALY & WEINBERGER LLP 4/16/2018 58,354.16 JAN'18 LEGAL SERVICES

43665 3957 BHM CONSTRUCTION INC 4/16/2018 678,333.23 MAR'18 HALF MOON BAY LIBRARY PROJECT

43750 3085 SHUTE, MIHALY & WEINBERGER LLP 4/30/2018 50,841.19 FEB'18 LEGAL SERVICES

43751 3798 VALI COOPER & ASSOCIATES, INC. 4/30/2018 59,197.76 MAR'18 PROF SVCS PGE ENCROACHMENT

Over $30,000

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AGENDA REPORT For meeting of: June 19, 2018

TO: Honorable Mayor and City Council VIA: David Boesch, Interim City Manager FROM: Yulia Carter, Acting Deputy City Manager - Finance and Administrative Services TITLE: QUARTERLY FINANCIAL REPORT FOR THE THIRD QUARTER OF FISCAL YEAR 2017-

2018

RECOMMENDATION: Accept the Quarterly Financial Report for the 3rd Quarter of Fiscal Year 2017-2018. FISCAL IMPACT: There is no fiscal impact associated with the acceptance of this report. STRATEGIC ELEMENT: This recommendation supports the Fiscal Sustainability and Inclusive Governance Elements of the Strategic Plan. BACKGROUND: One of the City Council strategic priorities includes planning for and implementing long-term financial stability. A key component of this goal includes preparing a quarterly financial report that would provide readers with an executive summary of the City’s current financial conditions as it relates to the annual operating budget. During the FY 2016-17 budget process staff committed to implementing the practice of financial reporting on a quarterly basis to ensure accountability and transparency in managing public funds. Staff has completed the Third Quarter Financial Report which reflects the City’s overall financial position as of March 31, 2018. This report summarizes the activities of the City’s General Fund to provide the Council and the public with an overview of the City’s general fiscal condition, and is not meant to be inclusive of all financial accounting transactions. The General Fund is the primary operating fund of the City and is used to account for most operating activities. ANALYSIS: The Third Quarter Financial Report includes an update on the revenues and expenditures for the General Fund for the quarter ended March 31, 2018. The General Fund financial report is prepared on a modified accrual basis, therefore only revenue received by March 31, 2018 is

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reflected in this analysis. Expenditures are recorded when paid. As of this date, the City has received $9.9 million in revenue (63.9% of budget) and expended $8.5 million in expenditures (67.4% of budget). Due to the timing of collections of certain major revenues, such as Transient Occupancy Tax and Sales Tax, revenues will not catch up to budgeted mile stones until later months are accrued at the end of the fiscal year. Please note that the figures presented in this report are unaudited. ATTACHMENT: Third Quarter Financial Report as of March 31, 2018

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City of Half Moon Bay Fiscal Year 2017/18

Third Quarter Financial Report

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OVERVIEW

This report summarizes the City’s overall financial position for the fiscal year through March 31, 2018. The focus of this report is the City’s General Fund, and is not meant to be inclusive of all finance and accounting transactions. The intent is to provide the Council and the public with an overview of the state of the City’s general fiscal condition. The General Fund is the primary operating fund of the City and is used to account for most operating activities. The revenue projections and budgets include necessary adjustments for encumbrances, carryovers, and any supplemental appropriations made by the City Council as of March 31, 2018.

GENERAL FUND

General Fund Financial Condition. With three quarters of the year complete, General Fund expenditures are at 67.4% (vs. 65.4% in the prior year) of projections and revenues are at 63.9% (vs. 62.2%). These figures exclude budgeted once-a-year operating and capital transfers, which will be recorded at the end of the fiscal year. Beginning with the First Quarter Fiscal Year 2017-18 report, the encumbered but unexpended amounts have been excluded for greater clarity. Both expenditures and revenues are explained in more detail below.

General Fund Rev. Budget YTD Actual Percent

Revenues $15,532,743 $9,928,175 63.9%

Expenditures $12,659,725 $8,537,424 67.4% *excludes operating and capital transfers

The (unaudited) General Fund balance as of March 31, 2018 is $12.4 million. This is based on the audited fund balance as of the end of fiscal year 2016-17 and factoring in year-to-date expenditure and revenue activity.

Expenditures. Departmental operating expenditures (including outstanding purchase orders/encumbrances) are generally on target as of the end of the third quarter. The following chart summarizes year-to-date combined expenditures and encumbrances by department:

City Council 383,250 171,077 44.6%

City Manager 1,074,351 687,085 64.0%

City Attorney 371,300 367,280 98.9%

City Clerk 545,620 291,728 53.5%

Finance and Risk Management 843,868 592,376 70.2%

Administrative Services 943,585 750,947 79.6%

Public Safety 3,508,813 2,640,074 75.2%

Public Works 2,618,920 1,790,397 68.4%

Recreation Services 834,097 376,840 45.2%

Community Development 1,535,922 869,539 56.6%

Total General Fund 12,659,725 8,537,343 67.4%

Rev. Budget YTD Actual % Exp/EncGeneral Fund Expenditures by

Department

*excludes operating and capital transfers

Administrative Services expenditures are slightly elevated due to prepayment to the County for the Coastside District Emergency Coordinator services for the entire fiscal year. The City Attorney costs have increased over prior years due to increase in service levels and the budget has been adjusted accordingly in the FY 2018-19 budget. The remaining department expenditures levels are at or below expected at this point of the fiscal year.

Revenues. The following is a summary of revenues as of the end of the third quarter. Some budget amounts may differ from prior quarter reports due to mid-year adjustments.

Trans. Occupancy Taxes 6,289,000 3,835,494 61.0%

Property Tax 3,319,300 2,102,583 63.3%

Sales & Use Tax 2,787,222 1,898,055 68.1%

Other Revenue 1,197,778 734,983 61.4%

Charges for Services 1,090,443 770,895 70.7%

Other Taxes 837,500 586,164 70.0%

Inter-Governmental 11,500 - 0.0%

Total Revenues 15,532,743 9,928,175 63.9%

Revenues Rev. Budget YTD Actual % Rec'd

Transient Occupancy Taxes (TOT). TOT continues to be the largest source of revenue for the City. The City has contracted with an external consultant to assist in tracking and collecting TOT revenues.

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City of Half Moon Bay Fiscal Year 2017/18

Third Quarter Financial Report

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Since TOT is remitted approximately 30 days after the end of each month, third quarter numbers reflected only seven months (July through January) of TOT receipts. Therefore, TOT revenues are performing stronger than projected with a collection percentage of 61.0% over the course of less than two thirds of fiscal year, in part due to the City’s efforts in collecting taxes from short-term rentals.

Property Tax. Property Tax is the City’s second largest revenue source. The first major apportionment of property taxes was received by the City in December 2017, while the second apportionment is received in April 2018. In January 2017, the City received an annual apportionment of Educational Revenue Augmentation Fund (ERAF) in the amount of $226,480. This revenue was not originally included in the adopted budget due to uncertainty but was added in the mid-year budget adjustment.

Sales and Use Tax. Sales and Use Tax is the City’s third largest revenue source. As of March 31, 2018, the City has received about 68.1% of our budgeted Sales Tax revenues as of the end of the third quarter. Sales taxes are generally paid one month in arrears and therefore the full nine months of sales tax has not yet been received as of the end of the third quarter. Based on discussions with the City’s sales tax advisor, the local sales activities remain strong and we expect to exceed the budgeted sales tax revenue target.

Other Revenues. The main components of this category are Golf Fees and County Credit Reimbursements. The cost allocation transfer from the sewer fund has been removed from this analysis for consistency purposes regarding budgeted one-time transfers to and from other funds. The golf fees are received as part of a redevelopment agreement with Ocean Colony Partners, L.P. and are calculated as a percentage of green fees from the golf courses. Overall, this revenue category is approximately at the expected level at this point of the fiscal year.

Other Taxes. This includes Franchise Tax and Business License Tax. We will not receive the largest component of franchise fees revenue payments from PG&E until April 2018. Franchise fees from other utilities are remitted approximately 30 days after the end of each quarter. As such, no revenue has been received yet as of March 31, 2018, which is consistent with the third quarter of the prior fiscal year.

Business licenses taxes are due in November of each year and are valid from October 1 through September 30 of the following year. The City has collected over 100% of the budgeted business license taxes and expects to continue to collect some additional business license taxes in the fourth quarter, primarily for new businesses.

Charges for Services. These include building permits, engineering and planning fees, and police services. Permits and planning fees tend to fluctuate based on the timing of larger projects and are expected to come more in line with the budget as the fiscal year progresses. During the mid-year budget review, the City discovered that the newly completed the Comprehensive Master Fee schedule was not fully implemented in FY 2017-18, resulting in an adjustment in this revenue category. With the 70.7% actual collections, the City is now on track with the revised estimates.

Inter-governmental. This revenue category includes vehicle code fines, governmental grants and various cost reimbursements. The State is currently paying State Mandate claims from prior years as funds become available. We will continue to monitor these activities and provide updates in subsequent reports.

SUMMARY

The City’s operating budget for expenditures is performing well as of the end of the third quarter, with virtually all revenue categories performing ahead of the same point of the prior fiscal year. The City continues to experience strong revenue generation and overall fiscal health.

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AGENDA REPORT


TO: Honorable Mayor and City Council VIA: David Boesch, Interim City Manager FROM: John Doughty, Public Works Director Jennifer Chong, Management Analyst TITLE: FIRST AMENDMENT TO JANITORIAL MAINTENANCE SERVICES AGREEMENT ______________________________________________________________________________ RECOMMENDATION: Adopt a resolution authorizing the Interim City Manager to execute the first amendment to the professional services agreement with Impec Group, Inc. to include janitorial services at the Mac Dutra Restrooms, Train Depot Restrooms, and City Annex. FISCAL IMPACT: If approved, the amendment would have an additional budget impact of $25,680 for FY 18-19. There are sufficient funds in the Public Works Maintenance contract services budget to cover the additional costs. STRATEGIC ELEMENT: This action supports the Infrastructure and Environment, Healthy Communities and Public Safety, and Fiscal Sustainability Elements of the Strategic Plan. BACKGROUND: The City published a Request for Proposals (RFP) for Janitorial Maintenance Services on Thursday, March 15, 2018. Five (5) companies submitted formal proposals and three (3) firms were invited to interview with the City. Based on proposals and interviews, Impec Group, Inc. (Impec) was chosen as the preferred vendor to offer the City’s janitorial maintenance services. The City Council approved a one-year contract with Impec on May 15, 2018 for $136,887, with extensions available through FY 20-21 at the City’s discretion. The contract purposefully omitted the park restrooms and City Hall Annex from the scope as staff intended to service these facilities via other means. The City Council directed staff to incorporate cleaning of the Mac Dutra Restrooms as an amendment to the contract.

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DISCUSSION: Mac Dutra Restrooms Per City Council direction, staff asked Impec to provide a quote for janitorial maintenance services at the Mac Dutra Restrooms. Staff asked for quotes for the two following cleaning schedules:

• Option 1: One-time per day, seven days per week (1x/day, 7 days/week)

• Option 2: Two-time per day on the weekends and one-time per day on the weekdays (2x/day on weekends, 1x/day on weekdays)

Impec quoted Option 1 at $910 per month and Option 2 at $1,430 per month. Due to the high usage and visibility of the Mac Dutra Restrooms, especially on the weekends, staff is recommending the City moves forward with Option 2. Train Depot Restrooms Staff recommends adding the Train Depot Restrooms to the contract with Impec. The Train Depot itself is contracted with Impec for daily cleaning, but the Train Depot Restrooms were intentionally left out with the intention to service the restrooms in-house. Due to limited staffing capacity, staff asked Impec to provide a quote for daily cleaning at the Train Depot restrooms. Impec quoted the service at $450/month. Staff believes this a reasonable price that will save many hours of in-house staff time (travel and cleaning) that can be utilized on other City priorities. City Hall Annex Staff originally anticipated a cost savings by contracting the cleaning of the City Hall Annex to the janitor that cleans the rest of 507 Purissima Street. Staff also wanted to decrease the frequency of service to two times per week instead of five times per week. Staff met with the janitor for 507 Purissima Street and was unable to secure a concrete quote. However, cost estimates were in the $300 range per month. Impec offered to provide the same service for $260 per month. Contracting Impec to clean the City Hall Annex not only saves costs superficially, but also saves significant staff hours related to contract oversight. Impec has already provided their insurance, W-9, and Half Moon Bay business license and are currently having their janitors go through the City’s background check. They have also already agreed to the City’s various reporting requirements and contractual terms. These efforts would have to be duplicated if the City were to contract the Annex to a different vendor. ATTACHMENT: Resolution authorizing the Interim City Manager to execute the first amendment to the professional services agreement with Impec Group, Inc.

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Resolution No. C-2018-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH IMPEC GROUP, INC. FOR JANITORIAL MAINTENANCE SERVICES

WHEREAS, the City approved a professional services agreement with Impec Group, Inc.

(Impec) on May 15, 2018 for janitorial maintenance services after a Request for Proposals process; and

WHEREAS, the City intentionally excluded park restrooms and the City Hall Annex from

this agreement in order to explore other service options; and

WHEREAS, the City believes it is in the City’s best financial and overall interest to include

the cleaning of the Mac Dutra Plaza Restrooms, Train Depot Restrooms, and City Hall Annex in

the contract with Impec;

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay

hereby authorizes the Interim City Manager to execute the first amendment to the professional service agreement with Impec Group, Inc. to include cleaning of the Mac Dutra Plaza Restrooms, Train Depot Restrooms, and City Hall Annex for an additional cost of $25,680 per year, bringing the total annual cost of the contract to $162,567, with two (2), optional, one-year extensions.

***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 19th day of June, 2018 by the City Council of Half Moon Bay by the following vote: AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ATTEST: APPROVED: __________________________ _____________________________ Jessica Blair, City Clerk Deborah Penrose, Mayor

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AGENDA REPORT


TO: Honorable Mayor and City Council VIA: David Boesch, Interim City Manager FROM: John Doughty, Public Works Director Maz Bozorginia, City Engineer TITLE: PUBLIC WORKS CONTRACT AMENDMENTS - TIME EXTENSIONS ONLY ______________________________________________________________________________ RECOMMENDATION: Adopt a resolution authorizing the Interim City Manager to execute amendments extending only the expiration dates for professional services agreements with Vali Cooper & Associates, Inc. and Peninsula Municipal Engineering. FISCAL IMPACT: There is no cost to execute amendments for time extensions. Adequate funds are available within the Fiscal Year 2018-2019 operating budget to cover services and any additional fund allocations will be brought forward to the City Council for consideration at a subsequent City Council meeting. STRATEGIC ELEMENT: This action supports the Infrastructure and Environment, Fiscal Sustainability, and Inclusive Governance Elements of the Strategic Plan. BACKGROUND: Over the last fiscal year, the Public Works Department has entered into several professional services agreements to assist staff with oversight of capital projects, such as Main Street Bridge Rehabilitation, the Half Moon Bay Library, and the Highway 1 N/S safety and operation improvements, among others. Two firms have been providing the professional services for project management critical to the City in delivering these projects:

- Vali Cooper & Associates, Inc. - Peninsula Municipal Engineering

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DISCUSSION: The two firms have been critical in the implementation of the Capital Improvement Program over the last several years as the City navigated through staffing changes, recruitments, and the formation of the Public Works Department. Both contracts are set to expire on June 30, 2018, unless amended (extended). Expired contracts may not be amended. As such, staff is requesting the contracts be amended to extend the expiration dates to December 31, 2018. The operating budget anticipated the continuation of contract services with both firms. There are sufficient funds available for both Vali Cooper & Associates, Inc. and Peninsula Municipal Engineering to continue work in Fiscal Year 2018-2019. Where additional budget allocation is required, staff will return to City Council for subsequent amendment(s). ATTACHMENT: Resolution authorizing the Interim City Manager to execute amendments extending only the expiration dates for professional services agreements

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE CONTRACT AMENDMENTS

EXTENDING THE EXPIRATION DATES OG PROFESSIONAL SERVICES CONTRACTS WITH VALI COOPER & ASSOCIATES, INC. AND PENINSULA MUNICIPAL ENGINEERING

WHEREAS, over the last fiscal year, the Public Works Department has entered into

several professional service contracts to assist staff with oversight of capital projects, such as Main Street Bridge Rehabilitation, the Half Moon Bay Library, Highway 1 N/S safety and operation improvements, among others; and

WHEREAS, Vali Cooper & Associates, Inc. and Peninsula Municipal Engineering have

provided the professional services for project management critical to the city in delivering

capital projects; and

WHEREAS, both contracts are set to expire on June 30, 2018; and WHEREAS, there are sufficient funds available for both Vali Cooper & Associates, Inc.

and Peninsula Municipal Engineering within the Fiscal Year 2018-19 operating and capital budget;

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby authorizes the Interim City Manager to execute contract amendments extending the expiration dates of professional service agreements with Vali Cooper & Associates, Inc. and Peninsula Municipal Engineering to December 31, 2018.

***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 19th day of June , 2018 by the City Council of Half Moon Bay by the following vote: AYES, Councilmembers:



ABSTAIN, Councilmembers:

ATTEST: APPROVED: ___________________________ _____________________________ Jessica Blair, City Clerk Deborah Penrose, Mayor

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AGENDA REPORT


TO: Honorable Mayor and City Council VIA: David Boesch, Interim City Manager FROM: John Doughty, Public Works Director

Maz Bozorginia, City Engineer Denice Hutten, Associate Engineer

TITLE: CONSTRUCTION CONTRACT AWARD FOR THE 2018 STREET REHABILITATION

PROJECT (CIP NO. 514) _____________________________________________________________________________ RECOMMENDATION: Adopt a resolution authorizing the Interim City Manager to award and execute a construction contract for the 2018 Street Rehabilitation Project (CIP No. 514) to the lowest responsive and responsible bidder, Half Moon Bay Grading and Paving, Inc., of Half Moon Bay, California, in the total bid amount of $898,226.64, and approve an additional contingency amount not exceeding 15 percent, or $134,734, of the contract award amount for potential change orders. FISCAL IMPACT: The FY 18-19 budget has allocated sufficient funds for this contract award, potential contract changes, project management, and construction inspection services. This planned FY 18-19 CIP project is titled “Pavement Management and Traffic Safety” under the City’s Street Improvements Program. STRATEGIC ELEMENT: This action supports the Infrastructure and Environment, Healthy Communities and Public Safety Elements of the Strategic Plan. BACKGROUND: This major street reconstruction project includes a full depth reconstruction (rehabilitation of both the pavement and underlying base material) at the following locations:

Church Street: Mill Street to northerly cul-de-sac Magnolia Street: Main Street to westerly terminus at Highway 1 Naples Avenue: Roosevelt Boulevard to southerly terminus Railroad Avenue: Grove Street to Metzgar Street Miramontes Point Road: Canada Cove entrance to Highway 1

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Portions of two streets will receive a reconstruction of the pavement only. Those are:

Kelly Avenue: San Benito Street to easterly terminus San Benito Street: Miramontes Street to 70 feet south

Other project improvements include a new concrete sidewalk along the south side of Miramontes Point Road extending the existing sidewalk from Canada Cove to Highway 1; ADA compliant curb ramps at Church Street, Kelly Avenue, Magnolia Street, Miramontes Point Road, and San Benito Street; and, drainage improvements including replacing damaged culverts at Railroad Avenue and new valley gutters at Magnolia Street and Kelly Avenue. The repair work will be performed during the day, Monday through Friday, between the hours of 7:00 a.m. and 5:00 pm. The work is required to be completed in 100 calendar days beginning in mid-July. City staff and the Contractor will be posting public notices in advance of construction. This reconstruction project was delayed for almost a year due to construction conflicts with the PG&E Gas Main and Lateral Replacement Project and the Coastside County Water District (CCWD) Waterline Replacement Project. The project is categorically exempt from CEQA under section 15301(c) and (e) which allow repair, maintenance, and minor alterations of existing public facilities. BID SUMMARY: The City received two (2) bids before the scheduled bid opening time and date of 3:00 p.m. on May 30, 2018. The bids and engineer’s estimate are summarized as follows and are also tabulated in Attachment 2:

Bidder Base Bid Bid Alternate 1 (Miramontes Point Road in

Caltrans ROW)

Bid Alternate 2 (Naples Avenue

South of Roosevelt)

Total

Interstate Paving, Inc. $1,245,147.00 $129,003.00 $ 146,401.00 $ 1,520,551.00

Half Moon Bay Grading and Paving, Inc.

$ 704,042.82 $ 94,274.54 $ 99,909.30 $ 898,226.64

Engineer’s Estimate $ 810,552.00 $ 50,852.00 $ 47,170.00 $ 908,574.00

DISCUSSION: The Half Moon Bay Grading and Paving Inc. bid is about 1 percent below the engineer’s cost estimate. Interstate Paving Inc. submitted a bid that is about 67 percent above the engineer’s cost estimate.

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Half Moon Bay Grading and Paving Inc. has an extensive resume including street and sidewalk reconstruction throughout Half Moon Bay as well as in the greater Bay Area. City staff has reviewed the bid and determined that the bid is acceptable and free from significant material discrepancies. Half Moon Bay Grading and Paving, Inc. was deemed the lowest responsible and responsive bidder. Staff recommends Council authorize the Interim City Manager to award and execute the construction contract with Half Moon Bay Grading and Paving, Inc. for $898,226.64, and, approve an additional contingency amount not exceeding 15 percent, or $134,734, of the contract award amount for a total project budget of $1,032,960.64. ATTACHMENTS:

1. Resolution authorizing the Interim City Manager to award and execute a construction contract for the 2018 Street Rehabilitation Project

2. Project Bid Summary

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Resolution No. C-2018-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY TO AUTHORIZE THE INTERIM CITY MANAGER TO AWARD AND EXECUTE A CONSTRUCTION

CONTRACT FOR THE 2018 STREET RECONSTRUCTION PROJECT

WHEREAS, the City has invited and opened two (2) bids received at the scheduled time, date and place as set forth in the Public Contract Code for the 2018 Street Reconstruction Project (CIP NO. 514); and

WHEREAS, the lowest responsive and responsible bid was submitted by Half Moon Bay Grading and Paving, Inc., of Half Moon Bay, California in the total amount of $898,226.64; and

WHEREAS, sufficient funds are allocated in the City approved budget for Fiscal Year 2018-2019 for the recommended contract award.


hereby accepts all bids and authorizes the Interim City Manager to award and execute a contract for the 2018 Street Reconstruction Project to the lowest responsive and responsible bidder, Half Moon Bay Grading and Paving, Inc., of Half Moon Bay, California, in the total amount of $898,226.64; approves an additional contingency amount not exceeding 15% or $134,734; and authorizes the Interim City Manager to approve any change orders up to the contingency amount.

*****************************************************************

I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 19th day of June, 2018 by the City Council of Half Moon Bay by the following vote: AYES, Councilmembers:




ATTEST: APPROVED: ___________________________ _____________________________ Jessica Blair, City Clerk Deborah Penrose, Mayor

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ATTACHMENT 2

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AGENDA REPORT For the meeting of: June 19, 2018

TO: Honorable Mayor and City Council

VIA: David Boesch, Interim City Manager

FROM: Jessica Blair, City Clerk

TITLE: PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY REGARDING THE CREATION OF A DISTRICT-BASED ELECTION SYSTEM

RECOMMENDATION:

Staff recommends the Council: 1) Receive a report from staff on the districting process and permissible criteria to be considered to create district boundaries; 2) conduct a public hearing to receive public input on district boundaries; 3) approve the revised timeline; and 4) provide direction to the City’s demographer regarding the composition of districts for a district-based election system. FISCAL IMPACT: There is no fiscal impact associated with this public hearing. However, transitioning to district elections will require the City to retain the services of a demographer. The cost of such services is $45,000. Should the City Council ultimately adopt an ordinance to transition to a district-based electoral system, the plaintiff may seek reimbursement for its attorney’s fees and costs up to $30,000; however, will not be exposed to additional legal fees in defense of a lawsuit brought under the California Voting Rights Act. STRATEGIC ELEMENT: This recommendation supports the Inclusive Governance Element of the Strategic Plan. BACKGROUND: On April 17, 2018, the City Council adopted Resolution No. 2018-34 declaring its intention to transition from at-large to district-based elections for the City Council commencing with the General Municipal Election in November 2020. Elections Code Section 10010 provides that before any map or maps of the boundaries for the proposed districts are drawn, the City must conduct two (2) Public Hearings over a period of no more than thirty (30) days, at which time the public is invited to provide input regarding the composition of said districts. Since adoption of the Resolution of Intention, the City has been engaged in outreach efforts to inform the public about district elections and the process associated with formation. The City’s

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districting webpage, www.drawhmb.com, is live, as well as www.hmbcity.com/districts. Additionally, public participation kits have been available at City Hall, the City Hall Annex, Adcock Community Center, the Library, and various other locations throughout the City (see attached list). The online mapping tool is available to the public as well. The paper map was published as a full-page ad in the Half Moon Bay Review on May 23 and May 30. City staff attended the Senior Coastsiders Luncheon on May 29 to go over the district process and staff hosted a table at the Coastside Farmers Market on June 2 to provide paper maps and answer questions. The Public Hearing Notice for this hearing was published in English and Spanish in the Half Moon Bay Review. As with all Council meetings, an interpreter will be available for these public hearings. On May 15, 2018, the City Council conducted the first public hearing. The City Council directed staff to move forward with a four-district, elected at-large mayor model. The City Council requested public input on whether the term of the elected mayor should be two years or four years. Correspondence regarding district boundaries, mayoral terms, the process, and sequencing has been compiled and is included as Attachment 3. DISCUSSION: The purpose of this public hearing is to inform the public about the districting process and to hear from the community on what factors should be taken into consideration while creating district boundaries. The City Council may give consideration to the following factors when establishing districts (which are not exclusive):

1. Topography; 2. Geography; 3. Cohesiveness, contiguity, integrity, and compactness of territory; and 4. Communities of interest.

The public is requested to provide input regarding communities of interest and other local factors that should be considered while drafting district maps. A community of interest is a neighborhood or group that would benefit from being in the same district because of shared interests, views, or characteristics. Possible community features include, but are not limited to:

A. School attendance areas; B. Natural dividing lines such as major roads, hills, or highways; C. Areas around parks and other neighborhood landmarks; D. Common issues, neighborhood activities, or legislative/election concerns; and E. Shared demographic characteristics, such as:

(1) Similar levels of income, education, or linguistic insolation; (2) Languages spoken at home; and (3) Single-family and multi-family housing unit areas.

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http://www.drawhmb.com/

http://www.hmbcity.com/districts

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Ultimately, the City Council may choose to include some, all, or none of these criteria, or may choose to come up with unique criteria that the City Council believes is applicable to Half Moon Bay. However, the City must ensure compliance with the following state and federally-mandated criteria:

• Each district shall contain a nearly equal population.

• Each district shall be drawn in a manner that complies with the Federal Voting Rights Act.

• Each district shall not be drawn with race as the predominate factor in violation of the principles established by the U.S. Supreme Court in Shaw v. Reno, 509 U.S. 630 (1993), and its progeny.

Next Steps At the July 17, 2018 City Council Meeting, the City Council will conduct Public Hearing #3 to seek public input on the content of draft district map(s) and sequence of elections. On August 21, 2018, the City Council will conduct Public Hearing #4 and will be requested to select a preferred map and direct amendments as necessary. On September 4, 2018, a public hearing will be held to adopt a preferred district map and to introduce an ordinance to transition to a district-based electoral system. Second reading and adoption of the ordinance is scheduled to occur on September 18, 2018, and the City Clerk and demographer will then work with the County Elections Division to have the district maps integrated into the countywide voting system. The first district election for Half Moon Bay will be held in November 2020.

ATTACHMENTS:

1. Revised Timeline

2. List of Locations with Public Participation Kits

3. Correspondence Received

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TIMELINE: CONSIDERATION AND IMPLEMENTATION OF DISTRICT-BASED ELECTIONS SYSTEM

DATE EVENT COMMENT

March 6, 2018 City received Notice of Violation of CVRA

City has 45 days (April 20, 2018) to adopt a Resolution of Intention to transition to district elections.

April 3, 2018 Informational Report Staff presented a report to the City Council on the Notice of Violation

April 17, 2018 Resolution of Intention 90-Day Safe Harbor begins (July 16, 2018)

May 15, 2018 First Public Hearing Council hearing regarding composition of districts. No maps to be drawn yet.

June 5, 2018 PUBLIC HEARING CONTINUED

June 19, 2018 Second Public Hearing Council hearing regarding composition of districts. No maps to be drawn yet. First and second public hearings must occur within a period of 30 days.

July 10, 2018 Post Draft Maps and Potential Sequence of Elections

Draft maps and proposed sequence must be posted publicly at least 7 days before next hearing.

July 17, 2018 Third Public Hearing Council hearing regarding published drafts maps. Third and fourth public hearings must occur within a period of 45 days.

August 14, 2018 Post Draft Maps and Potential Sequence of Elections

Draft maps and proposed sequence must be posted publicly at least 7 days before next hearing.

August 21, 2018 Fourth Public Hearing Council hearing regarding published drafts maps. If selected map is amended, ordinance cannot be introduced until 7 days after the amended map is published.

August 28, 2018 Post Amended Draft Maps Draft maps and proposed sequence must be posted

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publicly at least 7 days before next hearing.

September 4, 2018 Fifth Public Hearing Council introduces ordinance establishing district elections, selects map, includes district boundaries and elections sequence

September 18, 2018 Ordinance Adoption Second Reading and adoption of ordinance.

October 2018 County Elections Division Staff and the demographer will work with the San Mateo County Elections Division to implement districts into the County’s elections database.

November 2020 General Municipal Election First election utilizing adopted district boundaries.

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LOCATIONS – PAPER MAP KITS DROP OFF Apartments/Housing Moonridge Apartments 2001 Miramontes Point Rd Ocean View Plaza Apartments 1001 Main St Lesley Gardens Apartments 701 Arnold Way Main Street Apartments 1101 Main St Canada Cove Senior Mobile Home Park 101 Canada Cove Avenue Services Senior Coastsiders 925 Main St Coastside Adult Day Health Center 925 Main St San Mateo County Coastside Clinic/Rota Care 225 South Cabrillo Highway, Suite 100A Half Moon Bay Library 225 Cabrillo Hwy S #104b Adcock Community Center 535 Kelly Ave Half Moon Bay Chamber of Commerce 235 Main St Stores/Retail CVS Strawflower Village, 60 Cabrillo Hwy Rite Aid 170 San Mateo Rd HMB Feed and Fuel 331 Main St New Leaf Community Market 150 San Mateo Rd

Churches Our Lady of the Pillar Church 400 Church Street Mariner’s Church 100 Stone Pine Rd

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COMMENTS FROM NEXTDOOR (May 17, 2018)

Paulette E., Kehoe/Casa del Mar·5d ago

4 year term for mayor otherwise the mayor will be contantly campaigning

Christine E., Ocean Colony·5d ago

4 year term. Can’t get anything done otherwise because of investing time in re election.

Paul G., Ocean Colony·5d ago

What Christine and Paulette said. I also think it's important to strengthen Council in relation to

staff. Currently, Council seems consistently underserved.

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AGENDA REPORT


TO: Honorable Mayor and City Council VIA: David Boesch, Interim City Manager FROM: Heather Minner, Assistant City Attorney

Jessica Blair, City Clerk TITLE: CANNABIS REVENUE REPORT AND DISCUSSION OF POTENTIAL CANNABIS

BUSINESS TAX; ADOPTION OF A RESOLUTION PLACING ON THE NOVEMBER 6, 2018 GENERAL ELECTION BALLOT, A PROPOSED ORDINANCE ADDING CHAPTER 3.200 “COMMERCIAL CANNABIS ACTIVITIES” TO THE HALF MOON BAY MUNICIPAL CODE TO ALLOW AND REGULATE LIMITED CANNABIS NURSERIES; CONSIDER ADOPTION OF A RESOLUTION PLACING ON THE NOVEMBER 6, 2018, GENERAL ELECTION BALLOT THREE ADVISORY MEASURES SEEKING PUBLIC OPINION ON WHETHER THE CITY SHOULD ALLOW VARIOUS COMMERCIAL CANNABIS ACTIVITIES; AND CONSIDER ADOPTION OF A RESOLUTION AUTHORIZING REBUTTAL ARGUMENTS FOR CITY MEASURES

______________________________________________________________________________ RECOMMENDATION: 1) Receive the report, Fiscal Analysis of the Commercial Cannabis Industry and Potential Tax Revenue; 2) discuss and provide any direction to staff regarding a potential cannabis business tax measure for the November 6, 2018 ballot; 3) adopt a resolution ordering submission of a proposed ordinance amending the Municipal Code to allow and regulate limited cannabis nurseries, to the electors of the City at the November 6, 2018 General Election; providing for written arguments regarding the measure; and directing the City Attorney to prepare an impartial analysis of the measure; 4) adopt a resolution ordering submission of three advisory measures regarding commercial cannabis activities to the electors of the City at the November 6, 2018 General Election; providing for written arguments regarding each of the advisory measures; and directing the City Attorney to prepare an impartial analysis for each advisory measure; and 5) adopt a resolution authorizing rebuttal arguments for City measures.

FISCAL IMPACT: The estimated cost to place the proposed ordinance on the ballot for the November 6, 2018 election is approximately $10,000. The estimated cost to place advisory measures on the ballot for the November 6, 2018 election is approximately $30,000 at $10,000 per measure. In addition to the election cost for the three City Council seats (estimated at $30,000), the total

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estimated cost for this election is $70,000. These costs have been included in the adopted FY 18-19 budget. STRATEGIC ELEMENT: This action would support the Inclusive Governance Element of the Strategic Plan. BACKGROUND: At the City Council meeting on June 5, 2018, the City Council discussed a draft cannabis nursery ordinance and several advisory ballot measures seeking voter opinion on various commercial cannabis activities. The Council directed staff to return with draft resolutions placing the cannabis nursery ordinance and three advisory measures (revised as directed by Council) on the ballot for the November 6, 2018 election. Additionally, on November 21, 2017, the City Council directed staff to enter into an agreement with Hinderliter, de Llamas & Associates (Hdl), the City’s commercial cannabis consultant, to prepare a financial analysis of the commercial cannabis industry and potential tax revenues, should the City regulate and tax commercial operations within the City limits. DISCUSSION: Tax Analysis HdL is finalizing its Fiscal Analysis of the Commercial Cannabis Industry and Tax Revenue Projections at the time of publication of this report. It is anticipated that the final analysis will be published for public review prior to the June 19, 2018 City Council meeting. At the meeting, HdL will provide a brief presentation on the analysis and will provide information and recommendations for a proposed cannabis business tax measure on the November 2018 ballot, which will be presented at a future City Council meeting for discussion and approval. The proposed tax measure would establish tax rates for all potential commercial activities described below and proposed for consideration on the ballot, as well as delivery services to residents of Half Moon Bay. Proposed Ordinance California Elections Code Section 9222 authorizes local governments to submit proposed ordinances to the voters for adoption. At the June 5, 2018, City Council meeting, the Council asked staff to return with a resolution placing the proposed cannabis nursery ordinance on the ballot. The draft ballot question for this measure reads as follows:

Shall the measure, an ordinance to allow and regulate commercial, greenhouse nursery cultivation of immature cannabis plants on existing greenhouse sites in the City’s A-1 (Agricultural/Exclusive Floriculture) Zoning District for cannabis nurseries that receive a license from the City Council and comply with specified standards, be adopted?

YES

NO

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The proposed ordinance makes two amendments to the Half Moon Bay Municipal Code. First, it updates the City’s existing prohibition on the establishment of commercial cannabis activities within the City to reflect new state law. Second, it creates a limited exception to this ban for cannabis nurseries licensed and regulated by the City and the State. Under the ordinance, a City cannabis nursery license could be issued by the City Council only for the greenhouse cultivation of immature, non-flowering cannabis nursery plants on parcels in the A-1 agricultural zone that have existing greenhouses. If a majority of voters vote in favor of this measure, the cannabis nursery ordinance will go into effect. Draft Advisory Measures California Elections Code Section 9603 authorizes local governments to place advisory measures on the ballot “for the purpose of allowing voters within the jurisdiction, or a portion thereof, to voice their opinions on substantive issues, or to indicate to the local legislative body approval or disapproval of the ballot proposal.” As specified by Section 9603, a vote on an advisory measure “means an indication of general voter opinion regarding the ballot proposal. The results of the advisory vote will in no manner be controlling on the sponsoring legislative body.” Thus, advisory measures are a vehicle for seeking voter opinion on important policy questions, but the City Council would still need to determine what, if any, specific actions to take in response to the election results. Staff has drafted the following three advisory measures in response to Council direction at its May 1, 2018 retreat and June 5, 2018 meeting. The Council could further revise the scope of these ballot questions. Note, however, that the ballot heading, “Advisory Vote Only” is required by the Elections Code. This staff report will refer to the different questions as Advisory Measures A, B, and C. A.

Advisory Vote Only

Should the City draft and adopt an ordinance to allow and regulate commercial, greenhouse cultivation of mature cannabis plants on existing greenhouse sites in the City’s A-1 (Agricultural/Exclusive Floriculture) Zoning District?

YES

NO

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B.

Advisory Vote Only

Should the City draft and adopt an ordinance to allow and regulate retail sales of cannabis and cannabis products at up to two locations within the city?

YES

NO

C.

Advisory Vote Only

Should the City draft and adopt an ordinance to allow and regulate commercial manufacturing of cannabis products on sites in the City’s IND (Industrial) Zoning District and/or on existing greenhouse sites in the City’s A-1 (Agricultural/Exclusive Floriculture) Zoning District?

YES

NO

Advisory Measure A asks if the City should allow cultivation of mature (flowering) cannabis plants on existing greenhouse sites. Advisory Measure B asks if the City should allow retail sales of cannabis at up to two locations within the City. As requested at the last Council meeting, this question does not limit where those locations could be. The question is, however, limited to two retail facilities. This corresponds to the number of retailers that HdL Companies determined could be supported in Half Moon Bay in its Fiscal Analysis of the Commercial Cannabis Industry prepared for the City. Advisory Measure C asks if the City should allow commercial manufacturing of cannabis products on sites in the City’s Industrial zone and/or on existing greenhouse sites in the City’s A-1 zone. “Manufacturing” is the making of cannabis products such as edibles and tinctures. Note that no manufacturing uses are currently allowed in the City’s A-1 zone. Other Items to Consider Impartial Analysis: The Council should also consider whether to direct the City Attorney to prepare an impartial analysis to be included in the ballot materials. The City Attorney would prepare an impartial analysis of each of the measures, not exceeding 500 words, showing the effect of the measure on the existing law and the operation of the measure, as provided by Elections Code Section 9280. The impartial analysis would be printed preceding the arguments for and against each measure. Impartial analyses are typically prepared for local ballot measures. Accordingly, the draft resolution placing the proposed ordinance on the ballot and

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the draft resolution placing the advisory measures on the ballot both direct preparation of impartial analyses, but the City Council has the option to exclude these provisions. Whether to Print the Full Text of the Proposed Ordinance on the Ballot: The City Council may direct that the full text of the proposed ordinance be included in the ballot materials. Doing so would increase estimated election costs. If the text of the proposed ordinance is not included in the ballot materials, the City Attorney’s impartial analysis will state that a copy of the proposed ordinance will be mailed at no cost upon request. The City will also post a copy of the proposed ordinance on its website. Given that the proposed ordinance can be summarized in the impartial analysis, the additional cost of including it in the ballot materials, and the availability of the text of the proposed ordinance elsewhere, staff recommends that the City Council decide not to include the full text in the ballot materials. The resolution attached as Attachment 1 directs the elections official not to include the full text of the proposed ordinance in the ballot materials. Authorizing Rebuttal Arguments: The City Council should also decide whether to authorize rebuttal arguments for and against the measures under Elections Code Section 9285(b). If it does so, the author or a majority of the authors of an argument for or against a measure may submit a rebuttal argument not exceeding 250 words, or may authorize in writing any other person(s) to prepare, submit or sign the rebuttal argument. Arguments and rebuttals to those arguments, as well as the impartial analysis, are distributed with the sample ballot. Under the Elections Code, if the City Council authorizes rebuttal arguments for these measures, rebuttal arguments will also be authorized for any other measures at municipal elections thereafter, unless the City Council later repeals the authorization. Staff was unable to find previous City Council resolutions authorizing or repealing authorization for rebuttal arguments for City measures. Rebuttal arguments are typically authorized for local measures, and accordingly, it is recommended that the City Council adopt a resolution authorizing them here. The County Registrar of Voters has recommended the following deadlines for ballot arguments for the November 6, 2018 election: • Arguments for and Against a measure are due August 13, 2018 • Rebuttal arguments are due August 23, 2018. The resolution attached as Attachment 3 to this staff report authorizes rebuttal arguments. The resolutions attached as Attachments 1 and 2 to this staff report include deadlines for all arguments for the proposed ordinance and cannabis advisory measures. Arguments by City Council or City Council Members: Under Elections Code Section 9282, the City Council may authorize the Council, or a member or members of the Council, to submit ballot argument for or against a measure. No argument may exceed 300 words in length or be signed by more than five individuals. If more than one argument is submitted for or against a measure, the City Clerk must select one argument for, and one argument against, based on the

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priorities set forth in Elections Code section 9287. This section gives first priority to arguments submitted by the City Council, or member(s) of the City Council authorized by the City Council. The draft resolution placing the proposed cannabis nursery ordinance on the ballot offers three options with respect to arguments by the City Council. These options correspond to authorizing all, some, or none of the City Council members to author arguments in favor of the ordinance on behalf of the Council. The City Council should determine which of these options to include in the final resolution. The draft resolution placing the advisory measures on the ballot does not include options to authorize a City Council argument. But the Council could direct that the draft resolution be amended to authorize a City Council argument as discussed above. If the City Council wishes to submit an argument for or against one or more of the four measures, staff recommends that the City Council create a subcommittee of two members to draft and sign the argument on behalf of the City Council. ATTACHMENTS: 1. Resolution Placing Proposed Ordinance on the November 6, 2018 Ballot

2. Resolution Placing Advisory Measures on the November 6, 2018 Ballot 3. Resolution Providing for the Filing of Rebuttal Arguments for City Measures 4. Fiscal Analysis of the Commercial Cannabis Industry and Potential Tax Revenue (to be

made available prior to the meeting)

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY ORDERING THE SUBMISSION OF A PROPOSED ORDINANCE ADDING CHAPTER 3.200 “COMMERCIAL CANNABIS ACTIVITIES” TO THE HALF MOON BAY MUNICIPAL CODE TO ALLOW AND REGULATE LIMITED CANNABIS NURSERIES TO THE QUALIFIED ELECTORS OF THE CITY AT THE GENERAL ELECTION

TO BE HELD ON TUESDAY, NOVEMBER 6, 2018; PROVIDING FOR WRITTEN ARGUMENTS REGARDING THE MEASURE; AND DIRECTING THE CITY ATTORNEY TO PRPEARE AN IMPARTIAL

ANALYSIS FOR THE MEASURE

WHEREAS, in 2015, the California Legislature approved the Medical Marijuana Regulation and Safety Act (“MRSA,” Business & Professions Code § 19300 et seq. and related code provisions) to permit and regulate commercial medical marijuana activities starting January 1, 2018.

WHEREAS, in 2016, California voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (“Prop. 64,” Health & Safety Code § 113621.1 et seq.; Business & Professions Code § 26000 et seq., and related code provisions), which legalized under state law nonmedical marijuana possession, cultivation, and use for persons 21 years of age or older, as specified, and set up a state licensing scheme for nonmedical marijuana businesses to begin January 1, 2018.

WHEREAS, on June 27, 2017, the State enacted the Medical and Adult-Use of Cannabis Regulatory and Safety Act (“State Cannabis Act,” Business & Professions Code § 26000 et seq. and related code provisions), which uses the term “cannabis” as synonymous with “marijuana,” and which combines MRSA and Prop. 64 into a single state licensing scheme for both medical and adult-use cannabis. Under the State Cannabis Act, the State may license commercial cannabis activities within the City of Half Moon Bay unless the City expressly prohibits those activities.

WHEREAS, since the passage of Prop. 64, the City has held a number of public meetings to explore the possibility of regulating limited commercial cannabis activities in the City of Half Moon Bay. Public speakers expressed a diversity of opinions, ranging from support for fully integrated cannabis businesses on greenhouse sites to encourage economic development and access to local medical cannabis, to opposition to any commercial cannabis activities due to concerns about impacts to youth, neighboring residents, and community character.

WHEREAS, City staff drafted a proposed ordinance to license and regulate commercial, greenhouse nursery cultivation of immature cannabis plants on existing greenhouse sites in the City’s A-1 (Agricultural/Exclusive Floriculture) Zone and to update the City’s ban on the establishment of other commercial cannabis activities as directed by the City Council (“proposed cannabis nursery ordinance”).

WHEREAS, the City is authorized under California Elections Code Section 9222 to submit measures for the repeal, amendment, or enactment of any proposed ordinance to the voters of

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Half Moon Bay, with such ordinances to be repealed, amended, or enacted accordingly if the measure submitted receives a majority of the votes cast on it at the election.

WHEREAS, a General election on Tuesday, November 6, 2018 has been called by Resolution No. 2018-48, adopted on June 5, 2018.

WHEREAS, the City Council wishes to submit to the voters at the general election the proposed cannabis nursery ordinance.

WHEREAS, the City Council finds that adoption of this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 26055(h) (CEQA exemption for commercial cannabis regulations) of the Business and Professions Code because the proposed ordinance requires discretionary review and approval of licenses to engage in commercial cannabis activity and the discretionary review of license applications shall include any applicable environmental review pursuant to CEQA. The City Council further finds that the adoption of this Resolution is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060(c)(3) (the activity is not a project as defined in Section 15378), and 15061(b)(3) (the activity has no potential for resulting in physical change to the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the proposed ordinance’s prohibition of certain commercial cannabis activities has no potential for resulting in physical change to the environment, directly or indirectly.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby revolves, declares, determines, and orders as follows:

1. That the City Council, pursuant to Elections Code Section 9222, does order submitted to the voters at the November 6, 2018 General Election the following proposed ordinance and ballot label:

Shall the measure, an ordinance to allow and regulate commercial, greenhouse nursery cultivation of immature cannabis plants on existing greenhouse sites in the City’s A-1 (Agricultural/Exclusive Floriculture) Zoning District for cannabis nurseries that receive a license from the City Council and comply with specified standards, be adopted?

YES

NO

2. That the measure submitted to the voters is attached to this Resolution as Exhibit A, which Exhibit A is hereby incorporated into this Resolution by this reference as if set forth in full in this place. The text of the measure shall not be printed in the ballot materials, but copies of the measure shall be available from the City Clerk and posted on the City’s web page.

3. That the vote requirement for the measure to pass is a majority (50 percent + 1) of the votes cast.

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4. That in all particulars not recited in this resolution, the election shall be held and conducted as provided in Resolution No. 2018-48 calling the November 6, 2018 General Election.

5. That the City Council has given notice of the time and place of holding the election and authorizes, instructs, and directs the City Clerk to give further or additional notice of the election in time, form, and manner as required by law.

6. That the primary arguments for and against the measure shall be submitted to the City Clerk by 5:00 p.m. on August 13, 2018, and shall not exceed 300 words.

7. That pursuant to a separate resolution, the City Council has provided for the filing of rebuttal arguments concerning City ballot measures. Rebuttal arguments concerning the measure shall be submitted to the City Clerk by 5:00 p.m. on August 23, 2018, and shall not exceed 250 words.

8. That all arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. No more than five signatures shall appear with any submitted argument. An organization or association submitting an argument shall submit with its argument a copy of one of the organizational documents listed in California Elections Code Section 9287(e). The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument to be provided by the City Clerk.

9. That the City Council hereby directs the City Clerk to transmit a copy of the measures to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure. The analysis shall include a statement indicating that the measure was placed on the ballot by the City Council. In the event that the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, the City Attorney shall include a statement informing voters how to locate a complete copy of the measure. The City Attorney shall transmit such impartial analysis to the City Clerk. The impartial analysis shall be filed by August 13, 2018.

NOTE: This following section is optional. Pursuant to Elections Code section 9282(b) and 9287, the City council has the option to authorize some or all of its members to submit an argument in favor of the measure. The City Council can authorize some, all, or none of its members to submit an argument in favor of the measure.

Options:

(1) omit this section;

OR (2)

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10. That the City Council authorizes the following members of its body

Name, Title Name, Title Name, Title Name, Title Name, Title

to file a written argument not exceeding 300 words in favor of the measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by this Resolution after which no arguments for or against the City measure may be submitted to the City Clerk.

OR (3)

10. That the City Council authorizes ALL members of the City Council to file a written argument in favor of the measure not exceeding 300 words, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by this Resolution after which no arguments for or against the City measure may be submitted to the City Clerk.

11. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

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I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 19th day of June, 2018 by the City Council of Half Moon Bay by the following vote:

AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers:

ATTEST: APPROVED:

___________________________ _____________________________ Jessica Blair, City Clerk Deborah Penrose, Mayor

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EXHIBIT A

ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF HALF MOON BAY

ADDING CHAPTER 3.200 “COMMERCIAL CANNABIS ACTIVITIES” TO THE HALF MOON BAY MUNICIPAL CODE, REPEALING CHAPTER 9.09 “MARIJUANA FACILITIES” AS REDUNDANT FROM THE HALF MOON BAY MUNICIPAL CODE, AND FINDING THAT THE ORDINANCE IS

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE PEOPLE OF THE CITY OF HALF MOON BAY DO ORDAIN AS FOLLOWS: Section 1. Findings.

(a) In 1996, the California voters approved Proposition 215, the Compassionate Use Act (Health & Safety Code § 11362.5 et seq., “CUA”), which creates limited exceptions from criminal liability for seriously ill persons who are in need of medical marijuana as well as for their primary caregivers. (b) On June 2, 2010 the City Council of Half Moon Bay adopted Resolution Number C-10-10 (Half Moon Bay Municipal Code § 9.09), prohibiting the establishment of any marijuana dispensary, collective, cooperative, distribution facility, or production facility within the City. (c) In 2015, the California Legislature approved the Medical Marijuana Regulation and Safety Act (“MRSA,” Business & Professions Code § 19300 et seq. and related code provisions) to permit and regulate commercial medical marijuana activities starting January 1, 2018. (d) In 2016, California voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (“Prop. 64,” Health & Safety Code § 113621.1 et seq.; Business & Professions Code § 26000 et seq., and related code provisions), which legalized under state law nonmedical marijuana possession, cultivation, and use for persons 21 years of age or older, as specified, and set up a state licensing scheme for nonmedical marijuana businesses to begin January 1, 2018. (e) On June 27, 2017, the State enacted the Medical and Adult-Use of Cannabis Regulatory and Safety Act (“State Cannabis Act,” Business & Professions Code § 26000 et seq. and related code provisions), which uses the term “cannabis” as synonymous with “marijuana,” and which combines MRSA and Prop. 64 into a single state licensing scheme for both medical and adult-use cannabis. Under the State Cannabis Act, the State may license commercial cannabis activities within the City of Half Moon Bay unless the City expressly prohibits those activities. (f) On December 12, 2017, the Board of Supervisors for the County of San Mateo adopted an ordinance to license the commercial, greenhouse cultivation of cannabis in

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the unincorporated areas of the County and to prohibit all other commercial cannabis activities (with a sunset provision that contemplates future reconsideration of that prohibition). (g) After the passage of Prop. 64, the City held a number of public meetings to explore the possibility of regulating limited commercial cannabis activities in the City of Half Moon Bay. Public speakers expressed a diversity of opinions, ranging from support for fully integrated cannabis businesses on greenhouse sites to encourage economic development and access to local medical cannabis, to opposition to any commercial cannabis activities due to concerns about impacts to youth, neighboring residents, and community character. (h) At its November 21, 2017 meeting, after considering numerous public comments, the City Council directed staff to conduct further studies and surveys regarding various types of commercial cannabis activities. At the same meeting, the City Council directed staff to draft an ordinance for discussion that would license limited greenhouse cultivation of cannabis nursery starts only. (i) Staff posted a draft cannabis nursery ordinance on the City’s web page on February 23, 3018, invited and reviewed public comments on the ordinance, and held several focus group meetings to discuss the draft ordinance. The public also provided comments about the draft ordinance to the City Council at subsequent Council meetings. At its May 1, 2018 meeting, the City Council directed staff to bring the draft ordinance forward for its consideration. At its June 5, 2018 meeting, the City Council directed staff to draft a resolution to place the ordinance on the November 6, 2018 ballot. (j) The City of Half Moon Bay wishes to update the City’s existing prohibition of commercial marijuana activities to clarify that prohibition and reflect the terms currently used under the State Cannabis Act. The City also wishes to create an exception to that broad prohibition for limited and regulated greenhouse cultivation of immature cannabis nursery plants on sites with existing greenhouses in the City’s A-1 Agricultural Land Use/Exclusive Floriculture zone. (k) Half Moon Bay hosts a number of commercial greenhouse operations that are an important part of the City’s agricultural heritage and economy. Increasingly, however, these operations must diversify to maintain their economic strength. Cultivation of cannabis represents a new business opportunity that could help support the City’s existing greenhouses and maintain agricultural land uses and job opportunities.

(l) Unregulated commercial cannabis activities pose threats to public health, safety, and welfare including an increased risk of criminal activity, increased exposure to marijuana by children, offensive odors, safety and fire risks, and environmental degradation. Cannabis nurseries that engage in the greenhouse cultivation of immature cannabis

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plants, however, present fewer, or reduced potential impacts because without the potent flowers used in cannabis products, the plants are less valuable, less attractive to minors and criminal activity, and do not emit the strong odors associated with mature cannabis plants. The City is conducting further studies regarding the potential secondary impacts from other commercial cannabis activities and measures to potentially address those impacts. While it may consider licensing and regulating business activities involving mature cannabis plants at some point in the future, the City will continue its existing prohibition in the meantime. (m) The licensing and regulatory scheme for cannabis nurseries adopted by this Ordinance is intended to protect the public health, safety, and welfare, of Half Moon Bay residents and businesses, including protection of the natural environment. (n) Recent groundwater tests in Half Moon Bay have shown salinity levels that suggest possible saltwater intrusion into the local aquifer, a problem that can become more acute with sea-level rise, increased groundwater pumping, or decreased groundwater recharge by local surface waters. The cultivation of cannabis has the potential to use more water than traditional floriculture due to cultivation practices or the intensity of grow operations. The City wishes to preserve limited groundwater supplies for existing agricultural uses by prohibiting the increased use of groundwater or water that contributes to groundwater recharge for cultivation of cannabis. There is sufficient, high-quality water to serve cannabis nurseries through the public water systems. (o) Cannabis nurseries licensed under this ordinance are expected to have greater power demands than existing greenhouses. The City wishes to promote energy efficiency, and facilitate the fair development of a local cannabis industry by adopting energy efficiency regulations for cannabis nurseries that are consistent with County requirements for the greenhouse cultivation of cannabis. (p) Limiting the total plant canopy under the control of any one owner to 66,000 square feet will also enhance consistency between City and County cannabis regulations and facilitate the resiliency of the local cannabis nursery industry by diversifying it among multiple owners. (q) Buffers and setbacks between cannabis nurseries, residential properties, and properties with other sensitive uses, restrictions on the operations of cannabis nursery businesses, and a discretionary license application review process will ensure that cannabis nurseries are compatible with surrounding communities and do not become attractive nuisances to minors. (r) Greenhouse businesses are larger than most other commercial businesses in the City, and there could be multiple tenants on one site. As a result, the City’s general sign regulations, which are based on business and street frontage, could permit business

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signs that would be excessive. Sign regulations specific to cannabis nurseries in this Ordinance serve to protect aesthetic values at existing greenhouse sites.

(s) The federal Controlled Substances Act (21 U.S.C. § 801 et seq.) prohibits the possession, distribution, cultivation, and manufacture of cannabis, and there is no medical necessity exception to prosecution and conviction under the Controlled Substances Act. This Ordinance does not provide any defense or immunity from prosecution under federal law. It is intended to regulate cannabis activities authorized under state law, address public safety and law enforcement concerns, prevent the illegal diversion of cannabis to minors, and establish strong enforcement systems consistent with state and local law. (t) By adopting a licensing scheme for greenhouse cannabis nurseries that limits their location and imposes other operating restrictions, this Ordinance furthers the objectives of the Local Coastal Program to preserve the City’s greenhouse operations while doing so in a manner that is compatible with the other objectives, policies, general land uses, and programs in the Local Coastal Program and General Plan.

Section 2. Municipal Code Amendments to Update the City’s Current Commercial Cannabis Ban. A new Chapter 3.200 “Commercial Cannabis Activities” and Section 3.200.020 “Prohibited Commercial Cannabis Activities” of the Half Moon Bay Municipal Code are adopted as set forth in Attachment A, and Chapter 9.09 “Marijuana Facilities” of the Half Moon Bay Municipal Code is repealed as shown in strikethrough text in Attachment A. Attachment A of this Ordinance is incorporated herein in its entirety. Section 3. Municipal Code Amendments to License and Regulate Cannabis Nurseries. New Sections 3.200.010 through 3.200.190 of the Half Moon Bay Municipal Code are adopted as set forth in Attachment B. Attachment B of this Ordinance is incorporated herein in its entirety. Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The voters herby declares that they would have passed this Ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: CEQA. The adoption of this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 26055(h) (CEQA exemption for commercial cannabis regulations) of the Business and Professions Code because the Ordinance requires discretionary review and approval of licenses to engage in commercial cannabis activity and the discretionary review of license applications shall include any applicable environmental review pursuant to CEQA. The adoption of this Ordinance is also not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical

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change in the environment), 15060(c)(3) (the activity is not a project as defined in Section 15378), and 15061(b)(3) (the activity has no potential for resulting in physical change to the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because its prohibition of certain commercial cannabis activities has no potential for resulting in physical change to the environment, directly or indirectly. Section 7. Amendment and/or Repeal By the City Council. This ordinance and the new sections of the Half Moon Bay Municipal Code that it adopts may be amended or repealed by a majority vote of the City Council without a vote of the people.

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY ORDERING THE SUBMISSION OF ADVISORY MEASURES SEEKING PUBLIC OPINION ON WHETHER THE CITY SHOULD LICENSE AND REGULATE VARIOUS COMMERCIAL CANNABIS ACTIVITIES TO THE QUALIFIED ELECTORS OF THE CITY AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018; PROVIDING FOR WRITTEN ARGUMENTS REGARDING EACH OF THE

ADVISORY MEASURES; AND DIRECTING THE CITY ATTORNEY TO PRPEARE AN IMPARTIAL ANALYSIS FOR EACH ADVISORY MEASURE

WHEREAS, in 2015, the California Legislature approved the Medical Marijuana Regulation and Safety Act (“MRSA,” Business & Professions Code § 19300 et seq. and related code provisions) to permit and regulate commercial medical marijuana activities starting January 1, 2018.

WHEREAS, in 2016, California voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (“Prop. 64,” Health & Safety Code § 113621.1 et seq.; Business & Professions Code § 26000 et seq., and related code provisions), which legalized under state law nonmedical marijuana possession, cultivation, and use for persons 21 years of age or older, as specified, and set up a state licensing scheme for nonmedical marijuana businesses to begin January 1, 2018.

WHEREAS, on June 27, 2017, the State enacted the Medical and Adult-Use of Cannabis Regulatory and Safety Act (“State Cannabis Act,” Business & Professions Code § 26000 et seq. and related code provisions), which uses the term “cannabis” as synonymous with “marijuana,” and which combines MRSA and Prop. 64 into a single state licensing scheme for both medical and adult-use cannabis. Under the State Cannabis Act, the State may license commercial cannabis activities within the City of Half Moon Bay unless the City expressly prohibits those activities.

WHEREAS, since the passage of Prop. 64, the City has held a number of public meetings to explore the possibility of regulating limited commercial cannabis activities in the City of Half Moon Bay. Public speakers expressed a diversity of opinions, ranging from support for fully integrated cannabis businesses on greenhouse sites to encourage economic development and access to local medical cannabis, to opposition to any commercial cannabis activities due to concerns about impacts to youth, neighboring residents, and community character.

WHEREAS, the City Council wishes to obtain additional community input concerning the potential for various commercial cannabis businesses to be licensed and regulated within the City.

WHEREAS, the City is authorized under California Elections Code Section 9603 to submit advisory measures to the voters of Half Moon Bay for the purpose of allowing the voters to voice their opinions on substantive issues. As provided by the Elections Code, a vote on an

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advisory measure is an indication of general voter opinion and is not controlling on the City Council.

WHEREAS, a General Election on Tuesday, November 6, 2018 has been called by Resolution No. 2018-48 adopted on June 5, 2018.

WHEREAS, the City Council also desires to submit to the voters at the November 6, 2018 election questions relating to whether the City should license and regulate various types of commercial cannabis activities.

WHEREAS, the submission of these advisory, non-binding measures to the voters does not constitute any discretionary approval of a project under the California Environmental Quality Act (“CEQA”) Public Resources Code Section 21065 or CEQA Guideline 14 C.C.R. Section 15378.


1. Pursuant to Elections Code Section 9603, the City Council hereby submits, as advisory measures, the following ballot headings and questions to be submitted to the qualified electors of the City of Half Moon Bay at the November 6, 2018 General Election.

a.

Advisory Vote Only

Should the City draft and adopt an ordinance to allow and regulate commercial, greenhouse cultivation of mature cannabis plants on existing greenhouse sites in the City’s A-1 (Agricultural/Exclusive Floriculture) Zoning District?

YES

NO

b.

Advisory Vote Only

Should the City draft and adopt an ordinance to allow and regulate retail sales of cannabis and cannabis products at up to two locations within the city?

YES

NO

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c.

Advisory Vote Only

Should the City draft and adopt an ordinance to allow and regulate commercial manufacturing of cannabis products on sites in the City’s IND (Industrial) Zoning District and/or on existing greenhouse sites in the City’s A-1 (Agricultural/Exclusive Floriculture) Zoning District?

YES

NO

2. That the vote requirement for each measure to pass is a majority (50 percent + 1) of the votes cast.

3. That in all particulars not recited in this resolution, the election shall be held and conducted as provided in Resolution No. 2018-48, calling the November 6, 2018 General Election.

4. That the City Council has given notice of the time and place of holding the election and authorizes, instructs, and directs the City Clerk to give further or additional notice of the election in time, form, and manner as required by law.

5. That the primary arguments for and against each of the advisory measures shall be submitted to the City Clerk by 5:00 p.m. on August 13, 2018, and shall not exceed 300 words.

6. That pursuant to a separate resolution, the City Council has provided for the filing of rebuttal arguments concerning City ballot measures. Rebuttal arguments concerning each of the advisory measures shall be submitted to the City Clerk by 5:00 p.m. on August 23, 2018, and shall not exceed 250 words.

7. That all arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. No more than five signatures shall appear with any submitted argument. An organization or association submitting an argument shall submit with its argument a copy of one of the organizational documents listed in California Elections Code Section 9287(e). The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument to be provided by the City Clerk.

8. That the City Council hereby directs the City Clerk to transmit a copy of the measures to the City Attorney. The City Attorney shall prepare an impartial analysis of each measure, and transmit such impartial analyses to the City Clerk. The impartial analyses shall be filed by August 13, 2018.

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*****************************************************************

I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 19th day of June, 2018 by the City Council of Half Moon Bay by the following vote:


ATTEST: APPROVED:


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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAYPROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL

ELECTIONS

WHEREAS, Section 9282 of the Elections Code of the State of California provides for written arguments to be filed in favor of or against city measures not to exceed 300 words in length; and

WHEREAS, Section 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections;


1. That pursuant to Section 9285 of the Elections Code of the State of California, when the elections official has selected the arguments for and against the measure (not exceeding 300 words each) which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments.

The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.

A rebuttal argument may not be signed by more than five authors.

The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument, by the deadline established by the City Council. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument to be provided by the City Clerk.

Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed.

3. That the provisions of Section 1 shall apply at the next ensuing municipal election and at each municipal election after that time.

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*****************************************************************

I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the ___ day of June, 2018 by the City Council of Half Moon Bay by the following vote:


ATTEST: APPROVED:


1005214.1

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AGENDA REPORT


TO: Honorable Mayor and City Council VIA: David Boesch, Interim City Manager FROM: Matthew Chidester, Deputy City Manager TITLE: LIBRARY CAPITAL DONATIONS AND NAMING OPPORTUNITIES ______________________________________________________________________________ RECOMMENDATION: Adopt a resolution accepting a donation from the Friends of the Half Moon Bay Library and amending the FY 2017-18 budget to record additional revenues of $346,000 and appropriate these funds in the Library Capital Fund (F16) to offset the cost of the new library construction project. Consider accepting a donation from Karen Eberwein and Steve Lorack and conveying naming rights to the second floor Quiet Reading Room, in accordance with the adopted Library Donor Policy, and authorizing the City Manager to enter into a Memorandum of Understanding for Donor Recognition and Naming Rights. Consider accepting a donation from the Rotary Club of Half Moon Bay and conveying naming rights to the Correas Street Plaza, it an amount less than the adopted Library Donor Policy, and authorizing the City Manager to enter into a Memorandum of Understanding for Donor Recognition and Naming Rights. FISCAL IMPACT: The Friends of the Half Moon Bay Library previously donated $346,000, which will be recorded in the Library Capital Fund. If accepted, the additional donations totaling up to $275,000, when received, would also be added to the Library Capital Fund. The total offset to the City’s portion of the library construction project would be $621,000. STRATEGIC ELEMENT: This action supports the Infrastructure and Environment, Fiscal Sustainability, and Inclusive Governance Elements of the Strategic Plan.

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BACKGROUND: The new Half Moon Bay Library is currently being constructed at 620 Correas Street and is expected to be completed this summer, with a Grand Opening on August 18, 2018. Under the current County Library JPA agreement, the costs of constructing the facility are shared by the City and the County of San Mateo. Of the approximately $12 million City portion, $6 million was paid in cash from City reserves, with the remaining $6 million paid out of the proceeds of a loan from the County. The JPA is contributing more than $1 million for the furniture, fixtures and equipment, as well as the library collections. Over the last several years, the Friends of the Half Moon Bay Library, a non-profit organization (the “Friends”), have spearheaded capital fund raising efforts for the new library on behalf of the City. To date, the Friends have received nearly $500,000 in donations. They remain active in fund raising efforts and are looking to partner with the City during the next several months leading up to completion. In April 2017, the Friends presented the City with a check for $131,900, which was accepted and used to fund several upgrades to the new library design. In April 2018, the Friends presented to the City with a check for $346,000, to be used to assist the City in the construction of the library, including paying down any debt related to the library project. The City needs to formally accept the donation and amend the FY 2017-18 budget to include this unanticipated revenue. Additionally, on April 3, 2018 the City Council adopted the Donor Recognition and Naming Policy for the Half Moon Bay Library (“Donor Policy”), which included a schedule of donation amounts that would be accepted in exchange for donor recognition, including the dedication or naming of rooms, spaces and facilities at the new library. The City has received several commitments from individuals and organizations within the community and is preparing Memorandums of Agreement to formalize the donations and recognition. Two of these offered donations are presented for consideration at this time. DISCUSSION: Karen Eberwein and Steve Lorack, residents of Half Moon Bay, have offered a donation of $100,000 for the naming right to the second floor Quiet Reading Room, in accordance with the Donor Policy. The Rotary Club has expressed interest in donating to the library project, specifically for the naming right to the Correas Street Plaza, which serves as the entryway to the facility. The Donor Policy specifies that the naming right for the plaza requires a donation of $250,000. The Rotary Club has offered a donation of $175,000, and has requested that the Council consider this modification to the Donor Policy. The City has not offered to modify the required donor amounts for any other organization or individual. The largest commitments for donations to date have not exceeded $200,000.

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If accepted, each donor has indicated that they would make their donation through the Friends of the Half Moon Bay Library, who would transfer the funds to the City along with any additional donations received. ATTACHMENTS:

1. Resolution accepting a donation from the Friends of the Half Moon Bay Library and

amending the FY 2017-18 budget to record additional revenues of $346,000 and

appropriate these funds in the Library Capital Fund (F16) to offset the cost of the new

library construction project.

2. Adopted Donor Recognition and Naming Policy for the Half Moon Bay Library

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY ACCEPTING A DONATION FROM THE FRIENDS OF THE HALF MOON BAY LIBRARY AND

AMENDING THE FY 2017-18 BUDGET TO RECORD ADDITIONAL REVENUES OF $346,000 AND APPROPRIATE THESE FUNDS IN THE LIBRARY CAPITAL FUND (F16) TO OFFSET THE COST OF

THE NEW LIBRARY CONSTRUCTION PROJECT

WHEREAS, over the last several years, the Friends of the Half Moon Bay Library, a non-profit organization (the “Friends”), have spearheaded capital fund raising efforts for the new library on behalf of the City; and

WHEREAS, In April 2018, the Friends presented to the City with a check for $346,000, to

be used to assist the City in the construction of the library, including paying down any debt

related to the library project; and

WHEREAS, the City must amend the FY 2017-18 Budget to recognize this unanticipated

revenue.


hereby accepts a donation from the Friends of the Half Moon Bay Library in the amount of $346,000 and directs staff to amend the FY 2017-18 Budget to record the additional revenues and appropriate the funds in the Library Capital Fund (F16) to offset the cost of the new library construction project.

***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 19th day of June, 2018 by the City Council of Half Moon Bay by the following vote: AYES, Councilmembers:



ATTEST: APPROVED: __________________________ _____________________________ Jessica Blair, City Clerk Deborah Penrose, Mayor

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DONOR RECOGNITION AND NAMING POLICY

FOR THE HALF MOON BAY LIBRARY

At the sole discretion of the Half Moon Bay City Council, donors to the Half Moon Bay Library

may be recognized for their financial contributions or exceptional services and achievements that

benefit the library, City or Coastside community.

Naming and Name Recognition

The naming or name recognition of library facilities, rooms, and special use areas set forth in this

policy ensures recognition is consistent with the mission of the City of Half Moon Bay and its

reputation as a public entity. The City Council shall evaluate proposals for naming and name

recognition for those individuals, families, corporations, foundations or other organizations that

have had a positive impact through philanthropic contributions or through exceptional

achievement in service to the library and/or Half Moon Bay community.

The City Council has the sole right to name or rename facilities, rooms, and special use areas. The City Council will review, consider and approve or decline all such proposals, and may refuse any financial or in-kind donation if it is deemed not to be in the best interest of the library or City. Naming rights carry no power of direction or implied power of direction to the library or City on matters of appointment of persons, policies, or any other processes or activities. Naming rights or name recognition will normally not extend beyond the useful life of the room

or area. Absent an explicit agreement to the contrary, naming rights will remain in place for a

period of no longer than twenty (20) years. Any subsequent naming rights or recognition shall be

in addition to the original recognition, which shall remain in place through the life of the building,

except as set forth elsewhere in this policy.

If, in the judgment of the City Council, a person or entity for whom space has been named

engages in activities that are in conflict with the City’s mission and values, or is involved in

disreputable or criminal activities that would bring dishonor and embarrassment to the City of

Half Moon Bay, the naming or name recognition of a library facility, room, or special use area,

the City Council shall have the discretion to cease the use of the name and remove any formal

recognition.

Definitions

• Financial Contributions: For the purposes of this policy, this includes all cash, securities,

and “gifts-in-kind” contributions for the benefit of the Half Moon Bay Library.

Contributions of securities will be liquidated upon receipt and the donor will be

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acknowledged for the cash value at the time the securities are sold. Philanthropic gifts

may be made directly to the City or through the Friends of the Half Moon Bay Library.

• Room and Special Use Areas: A Room is a defined area of the library, such as a meeting

room, office, or any room that is partitioned from other sections of the building. A Special

Use Area is an unenclosed area on the library property or within the library building or

room that has a distinct and identifiable purpose.

• Naming: Refers to titling a facility, room, or special use area. The naming shall be

considered either by philanthropy or as honorific. The name of the individual, foundation

or corporate entity shall preface the title of the room and shall be used in signage as well

as references to the entity in publicity materials and other library documents. Name

recognition acknowledges a substantial philanthropic contribution for a facility, room, or

special use area with a conspicuously placed plaque.

• Plaques: All plaques shall be of standard size, materials, and appearance. Standard

inscription shall be: “(Room Name) made possible by a generous contribution from

(Donor Name)”, or similar language approved by the City Council. The cost of producing

and installing plaques shall be funded by the donation. Plaques shall not be affixed to

furniture; exceptions may be made for outdoor plaques which may be placed at the City

Council’s discretion.

Recognition of Donor Contributions

All financial contributions shall be acknowledged in writing as soon as possible upon receipt of

the contribution. Such correspondence shall include proper tax information. In the case of a

memorial or gift contribution, an acknowledgement shall be sent to the honoree or the family of

a memorialized person, if applicable.

Unless the donor specifies anonymity, donors may be acknowledged by any of the following

means: donor wall, annual reports, newsletters, online promotions, and/or special media

advertising. Anonymous gifts may be accepted without formal recognition.

Guidelines for Naming and Name Recognition of Philanthropic Contribution

Named Rooms and Special Use Areas: In general, only rooms or designated special use areas

shall be named for an individual, family, foundation, or corporation. The amount required for the

naming of such a space shall be as shown on Attachment A (Library Facility, Room and Special

Use Areas and Donor Recognition Categories).

Plaques for named spaces shall be prominent and readily identifiable. Lettering shall be scaled

appropriately to the aesthetics of the room or area so named.

Plaque and Sign Recognition

Donors to public, non-public rooms, or areas inappropriate for naming may be recognized by a

conspicuously displayed plaque or sign at or near the area.

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The cost shall generally be less than a named or titled room and the amount shall be determined

at the time of the donation by the City Council. Recognition may be in the name of an individual,

family, foundation or corporation making the contribution.

Plaques shall be of standard size and appearance throughout the library building and on the

library grounds.

Guidelines for Honorific Naming

All naming opportunities may be afforded to individuals who have given extraordinary service to

the Half Moon Bay Library, the public library profession, or the Half Moon Bay Coastside

Community. The individual must have left the service of the City, Library or County, either in the

capacity of employee, volunteer, supporter, or trustee, for a period of no less than one year

unless otherwise excepted by a City Council resolution. The City Council shall have final authority

for such naming.

Guidelines for Corporate Naming and Name Recognition

Eligibility: Corporations that are compatible with the City and library’s mission and purpose and,

in the opinion of the City Council, reflect a positive influence on the City and library may be

eligible for naming or name recognition for all naming opportunities.

Such corporations must have a high ethical standard of business practice, as determined at the

sole discretion of the City Council.

Corporate Name Recognition: All signage and plaques for corporate name recognition will follow

the same standards as signs and plaques for individuals, families, foundations or other

organizations. Corporate logos will be excluded from such signs and plaques to avoid appearance

of commercial influence.

Naming Agreements between the City of Half Moon Bay and Donor

All agreements for naming through philanthropic gifts shall be documented in a Memorandum

of Agreement (MOA) between the City and donor. MOAs shall detail the terms of the agreement

in accordance with the terms of the naming policy and any conditions mutually agreed upon by

the City and donor.

In the case of pledged donations or deferred gifts, the naming agreement may take effect with

the first payment. In the case of failure of the donor to uphold the agreement, the City Council

may withdraw the naming commitment. The City shall notify the donor regarding the

consideration to withdraw the name and provide a reasonable time, as determined by the City,

to correct the deficiency. In the event of removal of the naming, funds already collected shall not

be returned to the donor.

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Attachment A

Library Facility, Room and Special Use Areas

Community Room (Entire Room) $500,000

Children’s Room $500,000

Adult Collection Space $500,000

Net-Zero Energy Improvements $500,000

Lobby $250,000

Correas Street Plaza $250,000

Rear Courtyard $250,000

Maker Space $250,000

Children’s Outdoor Area $125,000

Outdoor Reading Area $125,000

Quiet Reading Room $100,000

Literacy Room $100,000

Teen Room $100,000

Rooftop Garden $75,000

Reading Corner (Portion of Children’s Room) $75,000

Homework Center (Portion of Community room) $75,000

Computer Lab (Portion of Adult Collection Space) $75,000

Children’s Entry Tunnel $50,000

Study Rooms (x3) $25,000

Reading Nook (Portion of Children’s Room) $25,000

Donor Recognition Categories

Platinum Donor

Donor Wall Recognition

$50,000+

Gold Donor $25,000-49,999

Silver Donor $10,000-24,999

Bronze Donor $2,500-9,999

Redwood Donor $500-2,499

Cypress Donor Written Recognition $0-499

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FROM: Jessica Blair, City Clerk Catherine Engberg, City Attorney

TITLE: COUNCILMEMBER VACANCY – OPTIONS FOR ACTION

RECOMMENDATION:

Due to a vacancy on the City Council, the Council is requested to select one of the following three options:

1. Adopt a resolution appointing a registered voter within Half Moon Bay to fill the vacant seat for the remainder of the term;

2. Adopt a resolution inviting applications and setting a process for appointment; or

3. Adopt a resolution calling a special election for November 6, 2018 at which time the vacant seat will be up for election.

FISCAL IMPACT:

If the City Council chooses to conduct a recruitment process, there would be minimal costs associated with public noticing which are included in the FY 18-19 budget. As the General Municipal Election is already scheduled for November 6, 2018, any election costs are included in the FY 18-19 budget.

STRATEGIC ELEMENT: This recommendation supports the Inclusive Governance Element of the Strategic Plan. DISCUSSION: On June 8, 2018, Rick Kowalczyk resigned from the Half Moon Bay City Council. Government Code Section 36512(b) sets the options for filling a vacant Council seat as follows: “The City Council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The special election shall be held on the next regularly scheduled election date not less than 114 days from the call of the special election.”

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The City Council has three options for filling the vacancy. The first is to appoint someone to fill the seat until newly-elected officers are installed on December 18, 2018. The second is to conduct an application process. If the City Council chose this option, the City Clerk would publish a Notice of Vacancy inviting applications, followed by Council interviews and selection. With either of the first two options, an appointment would need to be made within 60 days, setting the deadline for appointment at August 7, 2018. The third option is to call a special election for the vacant seat. As the City’s General Municipal Election is scheduled for November 6, 2018, at which the vacant seat is up for election, the special election would be served by the general election, effectively leaving the seat vacant until December 18, 2018. If the City Council chooses to conduct an application process, parameters would need to be set regarding that process such as when applications would be due. That information is included in the draft resolution attached and can be modified at the Council’s discretion. Any appointee, whether done via application process or not, must meet the same eligibility requirements as someone running for a seat on the City Council. The requirements are that the person is a registered voter within Half Moon Bay at the time of appointment. ATTACHMENTS:

1. Resolution appointing a registered voter within Half Moon Bay to fill the vacant seat for the remainder of the term

2. Resolution inviting applications and setting a process for interviews and appointment 3. Resolution calling a special election for November 6, 2018 at which time the vacant seat

will be up for election

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY APPOINTING ___________ TO THE HALF MOON BAY CITY COUNCIL FOR REMAINDER OF VACANT TERM

WHEREAS, City Councilmember Rick Kowalczyk resigned from the City Council effective

June 8, 2018; and

WHEREAS, California Government Code Section 36512 requires the City Council to make an appointment or call a special election within 60 days of the occurrence of the vacancy; although in this situation, the seat was scheduled for election at the November 6, 2018 General Municipal Election; and

WHEREAS, California Government Code Section 36512 provides that the City Council may appoint an individual to a vacancy occurring on the City Council.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby appoints __________________ to the Half Moon Bay City Council to fill the unexpired term of Rick Kowalczyk, which expires following the certification of results of the November 6, 2018 election and the installation of newly-election officers, scheduled for December 18, 2018. The appointment shall be effective upon ______________ taking the oath of office with the City Clerk.

***************************************************************** I, the undersigned, hereby certify that the foregoing resolution was duly passed and adopted on the 19th day of June, 2018 by the City Council of Half Moon Bay by the following vote: AYES, Councilmembers:




ATTEST: APPROVED: ___________________________ _______________________ Jessica Blair, City Clerk Deborah Penrose, Mayor

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY INVITING APPLICATIONS FOR APPOINTMENT TO THE CITY COUNCIL

WHEREAS, City Councilmember Rick Kowalczyk resigned from the City Council effective

June 8, 2018; and

WHEREAS, California Government Code Section 36512 requires the City Council to make an appointment or call a special election within 60 days of the occurrence of the vacancy; although in this situation, the seat was scheduled for election at the November 6, 2018 General Municipal Election; and

WHEREAS, the City Council desires to invite applications from those persons interested in being appointed to fill the unexpired term of Rick Kowalczyk, which expires following the certification of results of the November 6, 2018 election and the installation of newly-elected officers, scheduled for December 18, 2018.

NOW, THEREFORE, BE IT RESOLVED THAT the following rules are established for the consideration of applications:

1. Not later than 5:00 p.m. on July 6, 2018, persons interested in being considered for appointment to the remaining term shall submit to the City Clerk:

a. A completed Willing to Serve Form (Exhibit A), letter of intent, and resume. b. A completed Statement of Economic Interests Form (Form 700 from the State of

California Fair Political Practices Commission). 2. On July 17, 2018, as part of the City Council’s regular agenda, applicants may make an

oral statement to the City Council not exceeding three minutes in length summarizing their Candidate’s Statement.

3. It is the intention of the City Council to make an appointment at the July 17, 2018 regular meeting or at a special meeting held on or before August 7, 2018.

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172

WILLING TO SERVE FORM CITY OF HALF MOON BAY

501 Main Street * Half Moon Bay * California 94019

COMMISSION/COMMITTEE/BOARD APPLYING FOR: _____________________________________________________ INFORMATION PROVIDED ON THIS APPLICATION IS PUBLIC INFORMATION AND MAY BE MADE AVAILABLE TO OTHER APPLICANTS, MEMBERS OF THE PRESS, OR THE GENERAL PUBLIC.

NAME___________________________________________ PHONE________________ (Please print)

ADDRESS________________________ CITY___________________ ZIP CODE__________ EMAIL ADDRRESS____________________________________________________________

PRESENT EMPLOYER________________________ POSITION________________________ EMPLOYER ADDRESS_______________________ CITY_________________ ZIP CODE______________

HOW LONG HAVE YOU RESIDED IN HALF MOON BAY? _______________________________

EDUCATIONAL BACKGROUND___________________________________________________

___________________________________________________________________________

___________________________________________________________________________

PROFESSIONAL EXPERIENCE____________________________________________________

___________________________________________________________________________

___________________________________________________________________________ ___________________________________________________________________________

___________________________________________________________________________

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CIVIC ACTIVITIES & COMMUNITY INVOLVEMENT: (Please include any present or past

membership on county or city boards, committees, community groups or organizations)

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

ARE YOU ABLE TO ATTEND NIGHT MEETINGS?________ DAY MEETINGS?________ WHY ARE YOU SEEKING THE APPOINTMENT? ______________________________________ ___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________ HAVE YOU ATTENDED ANY MEETINGS OF THE CITY COUNCIL OR OTHER CITY OF HALF MOON BAY BOARDS AND COMMISSIONS? __________________________________________________________________________ HOW DID YOU BECOME AWARE OF THE OPENING?_________________________________ ____________________________________ ___________________________________ DATE SIGNATURE PLEASE RETURN COMPLETED APPLICATION AND RESUME TO: JESSICA BLAIR CITY CLERK CITY OF HALF MOON BAY 501 MAIN STREET HALF MOON BAY, CA 94019 (650) 726-8271 [email protected]

*THIS APPLICATION WILL BE HELD ON FILE FOR A PERIOD OF TWO (2) YEARS FROM DATE OF APPLICATION

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY CALLING A SPECIAL ELECTION TO FILL THE VACANCY ON THE CITY COUNCIL AND MERGING THE SPECIAL ELECTION

WITH THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 6, 2018

WHEREAS, Rick Kowalczyk was elected to the Half Moon Bay City Council on November 4, 2014; and

WHEREAS, City Councilmember Rick Kowalczyk resigned from the City Council effective June 8, 2018; and

WHEREAS, California Government Code Section 36512 requires the City Council to make an appointment or call a special election within 60 days of the occurrence of the vacancy; and

WHEREAS, California Government Code Section 36512 dictates that if the City Council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. The person elected to fill the vacancy at the special election shall hold office for the unexpired balance of the term of office; and

WHEREAS, the City Council has determined that it is in the City’s best interest to allow

the seat to remain vacant until the voters of the City elect a Councilmember to replace Councilmember Kowalczyk; and

WHEREAS, the next regularly established election not less than 114 days from this date

is November 6, 2018, which is the same date that Councilmember Kowalczyk’s term will expire; and therefore, there would be no unexpired balance of the term of office by the time the special election would be held.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby declares that:

1. Pursuant to the requirements of California Government Code Section 36512, the City Council hereby calls a special election to fill the vacancy on the City Council; and

2. Since such special election cannot legally be held until November 6, 2018, at which time there will be no unexpired balance of the term of office, the special election is effectively served by the November 6, 2018 General Municipal Election allowing a councilmember to be elected to a four-year term.

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FROM: Jessica Blair, City Clerk

TITLE: COUNCILMEMBER REQUEST – CHARTER CITY INFORMATION

RECOMMENDATION:

Discuss whether to direct staff to bring back information on transitioning Half Moon Bay from a general law city to a charter city. FISCAL IMPACT:

There is no fiscal impact associated with this item.

STRATEGIC ELEMENT: This recommendation supports the Inclusive Governance Element of the Strategic Plan. BACKGROUND: On April 17, 2018, Vice Mayor Rarback requested that an item be placed on a future agenda to discuss transitioning to a charter city. The Council asked that an item first be placed to discuss whether the process is something Council wanted to direct staff to spend time on. Nevertheless, staff has included some information attached to this report to help guide the Council through its discussion. To become a charter city, the City must do one of two things:

1. The City’s voters elect a Charter Commission. The commission has the responsibility of drafting and debating the charter.

2. The governing board of the city, on its own motion, drafts the charter (can be via an advisory committee).

In either case, the charter is not adopted by the City until it is ratified by a majority vote of the City’s voters at the next established statewide general election. Statewide general elections occur in November in even numbered years.

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ATTACHMENTS: 1. List of California Charter Cities 2. General Law v. Charter City Fact Sheet 3. Charter City Summary

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Charter Cities Adelanto Alameda Albany Alhambra Anaheim Arcadia Bakersfield Bell Berkeley Big Bear Lake Buena Park Burbank Carlsbad Cerritos Chico Chula Vista Compton Culver City Cypress Del Mar Desert Hot Springs Dinuba Downey El Cajon El Centro Eureka Exeter Folsom Fortuna Fresno Gilroy Glendale Grass Valley Hayward Huntington Beach Indian Wells Industry Inglewood Irvine Irwindale King City Kingsburg Lancaster La Quinta

Lemoore Lindsay Loma Linda Long Beach Los Alamitos Los Angeles Marina Marysville Merced Modesto Monterey Mountain View Napa Needles Newport Beach Norco Oakland Oceanside Oroville Pacific Grove Palm Desert Palm Springs Palmdale Palo Alto Pasadena Petaluma Piedmont Placentia Pomona Port Hueneme Porterville Rancho Mirage Redondo Beach Redwood City Richmond Riverside Roseville Sacramento Salinas San Bernardino San Diego San Francisco San Jose San Leandro

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San Luis Obispo San Marcos San Mateo San Rafael San Ramon Sand City Santa Ana Santa Barbara Santa Clara Santa Cruz Santa Maria Santa Monica Santa Rosa Santee Seal Beach Shafter Signal Hill

Solvang Stockton Sunnyvale Temple City Torrance Truckee Tulare Vallejo Ventura Vernon Victorville Visalia Vista Watsonville Whittier Woodlake

Total Cities: 121

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General Law City v. Charter City

Characteristic General Law City Charter City

Ability to Govern Municipal Affairs

Bound by the state’s general law, regardless of whether the subject concerns a municipal affair.

Has supreme authority over “municipal affairs.” Cal. Const. art. XI, § 5(b).

Form of Government

State law describes the city’s form of government For example, Government Code section 36501 authorizes general law cities be governed by a city council of five members, a city clerk, a city treasurer, a police chief, a fire chief and any subordinate officers or employees as required by law. City electors may adopt ordinance which provides for a different number of council members. Cal. Gov’t section 34871. The Government Code also authorizes the “city manager” form of government. Cal. Gov’t Code § 34851.

Charter can provide for any form of government including the “strong mayor,” and “city manager” forms. See Cal. Const. art. XI, § 5(b); Cal. Gov’t Code § 34450 et seq.

Elections Generally

Municipal elections conducted in accordance with the California Elections Code. Cal. Elec. Code §§ 10101 et seq..

Not bound by the California Elections Code. May establish own election dates, rules, and procedures. See Cal. Const. art. XI, § 5(b); Cal. Elec. Code §§ 10101 et seq..

Methods of Elections

Generally holds at-large elections whereby voters vote for any candidate on the ballot. Cities may also choose to elect the city council “by” or “from” districts, so long as the election system has been established by ordinance and approved by the voters. Cal. Gov’t Code § 34871. Mayor may be elected by the city council or by vote of the people. Cal. Gov’t Code §§ 34902.

May establish procedures for selecting officers. May hold at-large or district elections. See Cal. Const. art. XI, § 5(b).

City Council Member Qualifications

Minimum qualifications are:

1. United States citizen 2. At least 18 years old 3. Registered voter 4. Resident of the city at least 15 days

prior to the election and throughout his or her term

5. If elected by or from a district, be a resident of the geographical area comprising the district from which he or she is elected.

Cal. Elec. Code § 321; Cal. Gov’t Code §§ 34882, 36502; 87 Cal. Op. Att’y Gen. 30 (2004).

Can establish own criteria for city office provided it does not violate the U.S. Constitution. Cal. Const. art. XI, § 5(b), 82 Cal. Op. Att’y Gen. 6, 8 (1999).

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Characteristic General Law City Charter City Public Funds for Candidate in Municipal Elections

No public officer shall expend and no candidate shall accept public money for the purpose of seeking elected office. Cal. Gov’t Code § 85300.

Public financing of election campaigns is lawful. Johnson v. Bradley, 4 Cal. 4th 389 (1992).

Term Limits

May provide for term limits. Cal. Gov’t Code § 36502(b).

May provide for term limits. Cal. Const. art. XI, § 5(b); Cal Gov’t Code Section 36502 (b).

Vacancies and Termination of Office

An office becomes vacant in several instances including death, resignation, removal for failure to perform official duties, electorate irregularities, absence from meetings without permission, and upon non-residency. Cal. Gov’t Code §§ 1770, 36502, 36513.

May establish criteria for vacating and terminating city offices so long as it does not violate the state and federal constitutions. Cal. Const. art. XI, § 5(b).

Council Member Compensation and Expense Reimbursement

Salary-ceiling is set by city population and salary increases set by state law except for compensation established by city electors. See Cal. Gov’t Code § 36516. If a city provides any type of compensation or payment of expenses to council members, then all council members are required to have two hours of ethics training. See Cal. Gov’t Code §§ 53234 - 53235.

May establish council members’ salaries. See Cal. Const. art. XI, § 5(b). If a city provides any type of compensation or payment of expenses to council members, then all council members are required to have two hours of ethics training. See Cal. Gov’t Code §§ 53234 - 53235.

Legislative Authority

Ordinances may not be passed within five days of introduction unless they are urgency ordinances. Cal. Gov’t Code § 36934. Ordinances may only be passed at a regular meeting, and must be read in full at time of introduction and passage except when, after reading the title, further reading is waived. Cal. Gov't Code § 36934.

May establish procedures for enacting local ordinances. Brougher v. Bd. of Public Works, 205 Cal. 426 (1928).

Resolutions

May establish rules regarding the procedures for adopting, amending or repealing resolutions.

May establish procedures for adopting, amending or repealing resolutions. Brougher v. Bd. of Public Works, 205 Cal. 426 (1928).

Quorum and Voting Requirements

A majority of the city council constitutes a quorum for transaction of business. Cal. Gov’t Code § 36810. All ordinances, resolutions, and orders for the payment of money require a recorded majority vote of the total membership of the city council. Cal. Gov't Code § 36936. Specific legislation requires supermajority votes for certain actions.

May establish own procedures and quorum requirements. However, certain legislation requiring supermajority votes is applicable to charter cities. For example, see California Code of Civil Procedure section 1245.240 requiring a vote of two-thirds of all the members of the governing body unless a greater vote is required by charter.

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Characteristic General Law City Charter City Rules Governing Procedure and Decorum

Ralph Brown Act is applicable. Cal. Gov’t Code §§ 54951, 54953(a). Conflict of interest laws are applicable. See Cal. Gov’t Code § 87300 et seq..

Ralph Brown Act is applicable. Cal. Gov’t Code §§ 54951, 54953(a). Conflict of interest laws are applicable. See Cal. Gov’t Code § 87300 et seq.. May provide provisions related to ethics, conflicts, campaign financing and incompatibility of office.

Personnel Matters

May establish standards, requirements and procedures for hiring personnel consistent with Government Code requirements. May have “civil service” system, which includes comprehensive procedures for recruitment, hiring, testing and promotion. See Cal. Gov't Code § 45000 et seq. Meyers-Milias-Brown Act applies. Cal. Gov't Code § 3500. Cannot require employees be residents of the city, but can require them to reside within a reasonable and specific distance of their place of employment. Cal. Const. art. XI, § 10(b).

May establish standards, requirements, and procedures, including compensation, terms and conditions of employment for personnel. See Cal. Const. art. XI, § 5(b). Procedures set forth in Meyers-Milias-Brown Act (Cal. Gov't Code § 3500) apply, but note, “[T]here is a clear distinction between the substance of a public employee labor issue and the procedure by which it is resolved. Thus there is no question that 'salaries of local employees of a charter city constitute municipal affairs and are not subject to general laws.'” Voters for Responsible Retirement v. Board of Supervisors, 8 Cal.4th 765, 781 (1994). Cannot require employees be residents of the city, but can require them to reside within a reasonable and specific distance of their place of employment. Cal. Const. art. XI, section 10(b).

Contracting Services

Authority to enter into contracts to carry out necessary functions, including those expressly granted and those implied by necessity. See Cal. Gov't Code § 37103; Carruth v. City of Madera, 233 Cal. App. 2d 688 (1965).

Full authority to contract consistent with charter. May transfer some of its functions to the county including tax collection, assessment collection and sale of property for non-payment of taxes and assessments. Cal. Gov't Code §§ 51330, 51334, 51335.

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Characteristic General Law City Charter City Public Contracts

Competitive bidding required for public works contracts over $5,000. Cal. Pub. Cont. Code § 20162. Such contracts must be awarded to the lowest responsible bidder. Pub. Cont. Code § 20162. If city elects subject itself to uniform construction accounting procedures, less formal procedures may be available for contracts less than $100,000. See Cal. Pub. Cont. Code §§ 22000, 22032. Contracts for professional services such as private architectural, landscape architectural, engineering, environmental, land surveying, or construction management firms need not be competitively bid, but must be awarded on basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of services. Cal. Gov't Code § 4526.

Not required to comply with bidding statutes provided the city charter or a city ordinance exempts the city from such statutes, and the subject matter of the bid constitutes a municipal affair. Pub. Cont. Code § 1100.7; see R & A Vending Services, Inc. v. City of Los Angeles, 172 Cal. App. 3d 1188 (1985); Howard Contracting, Inc. v. G.A. MacDonald Constr. Co., 71 Cal. App. 4th 38 (1998).

Payment of Prevailing Wages

In general, prevailing wages must be paid on public works projects over $1,000. Cal. Lab. Code § 1771. Higher thresholds apply ($15,000 or $25,000) if the public entity has adopted a special labor compliance program. See Cal. Labor Code § 1771.5(a)-(c).

Historically, charter cities have not been bound by state law prevailing-wage requirements so long as the project is a municipal affair, and not one funded by state or federal grants. Vial v. City of San Diego, 122 Cal. App. 3d 346, 348 (1981). However, there is a growing trend on the part of the courts and the Legislature to expand the applicability of prevailing wages to charter cities under an analysis that argues that the payment of prevailing wages is a matter of statewide concern. The California Supreme Court currently has before them a case that will provide the opportunity to decide whether prevailing wage is a municipal affair or whether it has become a matter of statewide concern.

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Characteristic General Law City Charter City Finance and Taxing Power

May impose the same kinds of taxes and assessment as charter cities. See Cal. Gov't Code § 37100.5. Imposition of taxes and assessments subject to Proposition 218. Cal. Const. art.XIIIC. Examples of common forms used in assessment district financing include:

• Improvement Act of 1911. Cal. Sts. & High. Code § 22500 et seq..

• Municipal Improvement Act of 1913.

See Cal. Sts. & High. Code §§ 10000 et seq..

• Improvement Bond Act of 1915. Cal.

Sts. & High. Code §§ 8500 et seq..

• Landscaping and Lighting Act of 1972. Cal. Sts. & High. Code §§ 22500 et seq..

• Benefit Assessment Act of 1982.

Cal. Gov't Code §§ 54703 et seq.. May impose business license taxes for regulatory purposes, revenue purposes, or both. See Cal. Gov't Code § 37101. May not impose real property transfer tax. See Cal. Const. art. XIIIA, § 4; Cal. Gov't Code § 53725; but see authority to impose documentary transfer taxes under certain circumstances. Cal. Rev. & Tax. Code § 11911(a), (c).

Have the power to tax. Have broader assessment powers than a general law city, as well as taxation power as determined on a case-by case basis. Imposition of taxes and assessments subject to Proposition 218, Cal. Const. art. XIIIC, § 2, and own charter limitations May proceed under a general assessment law, or enact local assessment laws and then elect to proceed under the local law. See J.W. Jones Companies v. City of San Diego, 157 Cal. App. 3d 745 (1984). May impose business license taxes for any purpose unless limited by state or federal constitutions, or city charter. See Cal. Const. art. XI, § 5. May impose real property transfer tax; does not violate either Cal. Const art. XIIIA or California Government Code section 53725. See Cohn v. City of Oakland, 223 Cal. App. 3d 261 (1990); Fielder v. City of Los Angeles, 14 Cal. App. 4th 137 (1993).

Streets & Sidewalks

State has preempted entire field of traffic control. Cal. Veh. Code § 21.

State has preempted entire field of traffic control. Cal. Veh. Code § 21.

Penalties & Cost Recovery

May impose fines, penalties and forfeitures, with a fine not exceeding $1,000. Cal. Gov’t Code § 36901.

May enact ordinances providing for various penalties so long as such penalties do not exceed any maximum limits set by the charter. County of Los Angeles v. City of Los Angeles, 219 Cal. App. 2d 838, 844 (1963).

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Characteristic General Law City Charter City Public Utilities/Franchises

May establish, purchase, and operate public works to furnish its inhabitants with electric power. See Cal. Const. art. XI, § 9(a); Cal. Gov't Code § 39732; Cal. Pub. Util. Code § 10002. May grant franchises to persons or corporations seeking to furnish light, water, power, heat, transportation or communication services in the city to allow use of city streets for such purposes. The grant of franchises can be done through a bidding process, under the Broughton Act, Cal. Pub. Util. Code §§ 6001-6092, or without a bidding process under the Franchise Act of 1937, Cal. Pub. Util. Code §§ 6201-6302.

May establish, purchase, and operate public works to furnish its inhabitants with electric power. See Cal. Const. art. XI, § 9(a); Cal. Apartment Ass’n v. City of Stockton, 80 Cal. App. 4th 699 (2000). May establish conditions and regulations on the granting of franchises to use city streets to persons or corporations seeking to furnish light, water, power, heat, transportation or communication services in the city. Franchise Act of 1937 is not applicable if charter provides. Cal. Pub. Util. Code § 6205.

Zoning

Zoning ordinances must be consistent with general plan. Cal. Gov't Code § 65860.

Zoning ordinances are not required to be consistent with general plan unless the city has adopted a consistency requirement by charter or ordinance. Cal. Gov’t. Code § 65803.

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Charter Cities: A Quick Summary for the Press and Researchers

The following summary was drafted by the League of California Cities’ legal staff, in an attempt to give the press and research communities a primer on some frequently asked questions regarding charter cities.

Charter Cities vs. General Law Cities – The Basics The California Constitution gives cities the power to become charter cities.1 The benefit of becoming a charter city is that charter cities have supreme authority over “municipal affairs.”2 In other words, a charter city’s law concerning a municipal affair will trump a state law governing the same topic.3 Cities that have not adopted a charter are general law cities. General law cities are bound by the state’s general law, even with respect to municipal affairs. Of California’s 478 cities, 108 of them are charter cities. The charter city provision of the State Constitution, commonly referred to as the “home-rule” provision, is based on the principle that a city, rather than the state, is in the best position to know what it needs and how to satisfy those needs.4 The home-rule provision allows charter cities to conduct their own business and control their own affairs.5 A charter maximizes local control. A city charter, in effect a city’s constitution, need not set out every municipal affair the city would like to govern. So long as the charter contains a declaration that the city intends to avail itself of the full power provided by the California Constitution, any city ordinance that regulates a municipal affair will govern over a general law of the state.6 Defining ‘Municipal Affairs’ Determining what is and is not a “municipal affair” is not always straightforward. The California Constitution does not define “municipal affair.” It does, however, set out a nonexclusive list of four “core” categories that are, by definition, municipal affairs.7 These categories are 1) regulation of the “city police force”; 2) “subgovernment in all or part of a city”; 3) “conduct of city elections”; and 4) “the manner in which . . . municipal officers [are] elected.”8 Beyond this list, it is up to the courts to determine what is and is not a municipal affair. To determine if a matter is a municipal affair, a court will ask whether there are good reasons, grounded on statewide interests, for the state law to preempt a local law.9 In other words, courts

1 Cal. Const. art. XI, § 3(a). 2 Cal. Const. art. XI, § 5(a). 3 Johnson v. Bradley, 4 Cal. 4th 389, 399 (1992). 4 Fragley v. Phelan, 126 Cal. 383, 387 (1899). 5 Id. 6 There are some exceptions to this rule. For example, a charter city is bound by the Public Contract Code unless the city’s charter expressly exempts the city from the Code’s provisions or a city ordinance conflicts with a provision in the Code. See Cal. Pub. Cont. Code § 1100.7. 7 Cal. Const. art. XI, § 5(b); Johnson, 4 Cal. 4th at 398. 8 Cal. Const. art. XI, § 5(b). 9 Johnson, 4 Cal. 4th at 405. 187

will ask whether there is a need for “paramount state control” in the particular area of law.10 The Legislature’s intent when enacting a specific law is not determinative.11 The concept of “municipal affairs” is fluid and may change over time.12 Issues that are municipal affairs today could become areas of statewide concern in the future.13 Nonetheless, there are some areas that courts have consistently classified as municipal affairs. These include:

• Municipal election matters14 • Land use and zoning decisions (with some exceptions)15 • How a city spends its tax dollars16 • Municipal contracts, provided the charter or a city ordinance exempts the city from the

Public Contract Code, and the subject matter of the bid constitutes a municipal affair.17 Thus, a charter may exempt a city from the State’s competitive bidding statutes.

Likewise, there are some areas that courts have consistently classified as areas of statewide concern, including:

• Traffic and vehicle regulation18 • Tort claims against a governmental entity19 • Regulation of school systems20

How to Become a Charter City To become a charter city, a city must adopt a charter. There are two ways to adopt a charter:

• The city’s voters elect a charter commission.21 The commission has the responsibility of drafting and debating the charter.

• The governing board of the city, on its own motion, drafts the charter.22

In either case, the charter is not adopted by the city until it is ratified by a majority vote of the city's voters.23

For more information about charter cities, please visit the “Charter Cities” section of the League’s Web site at http://www.cacities.org/chartercities.

10 Id. at 400. 11 Id. at 405. 12 Cal. Fed. Savings & Loan Ass’n v. City of Los Angeles, 54 Cal. 3d 1, 16 (1991); Isaac v. City of Los Angeles, 66 Cal. App. 4th 586, 599 (1998). 13 Isaac, 66 Cal. App. 4th at 599. 14 Mackey v. Thiel, 262 Cal. App. 2d 362, 365 (1968). 15 See Brougher v. Bd. of Pub. Works, 205 Cal. 426, 440 (1928). 16 Johnson, 4 Cal. 4th at 407. 17 Pub. Cont. Code § 1100.7; R & A Vending Services, Inc. v. City of Los Angeles, 172 Cal. App. 3d 1188, 1191 (1985); Howard Contracting, Inc. v. G.A. MacDonald Constr. Co., 71 Cal. App. 4th 38, 51 (1998). 18 Cal. Veh. Code § 21. 19 Helbach v. City of Long Beach, 50 Cal. App. 2d 242, 247 (1942). 20 Whisman v. San Francisco Unified Sch. Dist., 86 Cal. App. 3d 782, 789 (1978). 21 Cal. Gov’t Code § 34451. 22 Cal. Gov’t Code § 34458. 23 Cal. Gov’t Code §§ 34457, 34462. 188

tuesday, june 19, 2018 city of half moon bay regular ... … · page 1 of 2 business of the council...

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