tuesday, september 15, 2020 city of half moon ......harvey rarback, councilmember debbie ruddock,...

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REMOTE PARTICIPATION (SEE NEXT PAGE) Adam Eisen, Mayor Robert Brownstone, Vice Mayor Deborah Penrose, Councilmember Harvey Rarback, Councilmember Debbie Ruddock, Councilmember CITY COUNCIL AGENDA SPECIAL MEETING CITY OF HALF MOON BAY TUESDAY, SEPTEMBER 15, 2020 6:00 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). http://hmbcity.com/ 1

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Page 1: TUESDAY, SEPTEMBER 15, 2020 CITY OF HALF MOON ......Harvey Rarback, Councilmember Debbie Ruddock, Councilmember CITY COUNCIL AGENDA SPECIAL MEETING CITY OF HALF MOON BAY TUESDAY, SEPTEMBER

REMOTE PARTICIPATION (SEE NEXT PAGE) Adam Eisen, MayorRobert Brownstone, Vice MayorDeborah Penrose, CouncilmemberHarvey Rarback, CouncilmemberDebbie Ruddock, Councilmember

CITY COUNCIL AGENDASPECIAL MEETING

CITY OF HALF MOON BAY

TUESDAY, SEPTEMBER 15, 2020

6:00 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).

http://hmbcity.com/

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Page 2: TUESDAY, SEPTEMBER 15, 2020 CITY OF HALF MOON ......Harvey Rarback, Councilmember Debbie Ruddock, Councilmember CITY COUNCIL AGENDA SPECIAL MEETING CITY OF HALF MOON BAY TUESDAY, SEPTEMBER

SPECIAL REMOTE PARTICIPATION PROTOCOLS In accordance with Governor Newsom’s Executive Order No-29-20, this will be a teleconference meeting without a physical location to help

stop the spread of COVID-19. This meeting will be conducted entirely by remote participation, in compliance with the Governor's Executive

Order N-29-20 allowing for deviation of teleconference rules required by the Ralph M. Brown Act.

This meeting will be conducted via Zoom Webinar. Members of the public are welcome to login into the webinar as Attendees. During any

public comment portions, attendees may use the “raise your hand” feature and will be called upon and unmuted when it is their turn to

speak. Written comments ([email protected]) submitted by 5:00 p.m. on meeting day will be added to the online agenda packet and

emailed to the City Council. The meeting will also be streamed on Channel 27, on pacificcoast.tv, on Facebook in English at

www.facebook.com/cityofhalfmoonbay and in Spanish at www.facebook.com/halfmoonbayrecreation. Please click to join the webinar:

https://zoom.us/j/92289037186 or join by phone at 669-900-9128, using Webinar ID 922-8903-7186.

CONVENE SPECIAL MEETING / ROLL CALL

1. DISCUSSION ITEMS / STUDY SESSION

1.A. DISCUSSION WITH THE DISTRICT ATTORNEY REGARDING THE MAY 5, 2020 OFFICERINVOLVED SHOOTING IN HALF MOON BAY

Staff Recommendation: Receive a report and discuss the investigation of the DistrictAttorney of the May 5, 2020 shooting of Sandra Harmon in Half Moon Bay by Sheriff’sDeputies.

STAFF REPORT

ATTACHMENT 1

ADJOURN SPECIAL MEETING

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BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY

AGENDA REPORT

For meeting of: September 15, 2020

TO: Honorable Mayor and City Council VIA: Bob Nisbet, City Manager From: Matthew Chidester, Deputy City Manager TITLE: DISCUSSION WITH THE DISTRICT ATTORNEY REGARDING THE MAY 5, 2020

OFFICER INVOLVED SHOOTING IN HALF MOON BAY ______________________________________________________________________________

RECOMMENDATION: Receive a report and discuss the investigation of the District Attorney of the May 5, 2020 shooting of Sandra Harmon in Half Moon Bay by Sheriff’s Deputies.

STRATEGIC ELEMENT: This discussion supports the Healthy Communities and Public Safety and Inclusive Governance elements of the Strategic Plan.

BACKGROUND: Since 2011, the City of Half Moon Bay has contracted with the San Mateo County sheriff’s Office for law enforcement services. On the evening of May 5, 2020, Sheriff’s deputies responded to a 911 call regarding a woman, later identified as Sandra Harmon, who was walking through downtown Half Moon Bay carrying a shotgun and alcohol, and claiming that there was going to be a “race war”. According to reports, after interviewing a witness on Main Street, a deputy tracked the lead to a parking lot on the corner of Main Street and Monte Vista Lane, where he was able to make contact with Ms. Harmon. Following a brief verbal exchange, Ms. Harmon fired the shotgun multiple times at the deputy, who returned gunfire. A second deputy arrived on the scene shortly thereafter, and after verbal commands were ignored, Ms. Harmon again reached for her shotgun, which was at that point laying on the ground. Both deputies opened fire and Ms. Harmon was hit several times and died shortly thereafter. The current practice in San Mateo County is that anytime a member of the public is injured by law enforcement, the District Attorney’s office immediately takes over investigation. Although some details of the incident were initially shared with the public, including body-camera footage, the DA maintains confidentiality of most of the investigation materials until completion, and if charges are pressed, through the trail, in order to maintain the integrity of the investigation and prosecution, if necessary. On August 28, 2020, the District Attorney, Stephen Wagstaffe, issued a letter to the Sheriff detailing the process and findings of the investigation of the shooting of Sandra Harmon (attached to this Staff Report). In the letter, Mr. Wagstaffe concludes that the deputy’s use of

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deadly force in this incident was lawful, and that the District Attorney’s office will take no further action. On August 28, the DA’s office also provided a press release to the same effect and made the investigation materials available to interested parties. DISCUSSION: Several members of the community have expressed concerns about the details and conclusion of the District Attorney’s investigation. The District Attorney has offered to participate in a discussion with the City Council on the investigation, and answer questions from the Council and general public. On September 15, 2020, District Attorney Steve Wagstaffe will participate in the regular meeting of the Half Moon Bay City Council for this purpose. Due to recent events in the nation as well as the Coastside community, the City is taking several steps to better understand the relationship between the Sheriff’s Office and the community, the policies and practices that the Sheriff currently has in place, and the contract between the City and County. A public Safety City Council subcommittee has been convened which is working with staff to develop a white paper study to explore several areas of law enforcement in Half Moon Bay, and staff are also facilitating community discussions on law enforcement on the Coastside. The purpose of this work is to develop recommendations and potential changes to the City’s contract with the County, which expires on June 30, 2022, aimed towards improving relations between law enforcement and the community, as well as hopefully preventing the types of tragedies experienced across the country and in recent years, within our own community. The discussion with the District Attorney will help provide additional information and clarity in these efforts. ATTACHMENTS: Letter dated August 28, 2020 from the District Attorney to Sheriff Carlos Bolanos regarding the Officer Involved Shooting on May 5, 2020.

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