AGENDA
SPECIAL MEETING
OF THE ADELANTO CITY COUNCIL,
ADELANTO PUBLIC FINANCING AUTHORITY,
ADELANTO PUBLIC UTILITY AUTHORITY,
ADELANTO COMMUNITY BENEFIT CORPORATION,
AND THE SUCCESSOR AGENCY BOARD
January 18, 2022
City Council
Gabriel Reyes, Mayor
Daniel Ramos, Mayor Pro Tem
Stevevonna Evans, Councilor
Joy Jeannette, Councilor
Keron Jones, Councilor
City Manager
Jessie Flores
City Attorney
Marc Tran
Meetings held:
2 nd & 4th Wednesday
Adelanto Governmental Center
City Council Chambers
11600 Air Expressway, Adelanto
Open Session: 7:00 p.m.
Until further notice, only Council members and essential staff are allowed to be physically present inside Council Chambers, and will be seated the recommended distance from each other. Public participation is solely via call-in or via written correspondence. TO PARTICIPATE, please call, email, or send mail to the contact info provided below/on the City Council Agenda.
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill 361 (“AB 361”), which was effective immediately and amends Government Code § 54953 to allow a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to AB 361, please be advised that members of the Adelanto City Council may participate in meetings telephonically.
Pursuant to AB 361, the public may view the meeting and participate in public comment remotely as follows:
• All of our meetings are streamed live at
https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.
• Participate via web-ex athttpshttps://ci-adelanto-ca.webex.com/ci-adelantoca/j.php?MTID=mabad0c3b0d5972e1d9fa9fdc165db11b To Participate and Call in for public comments:
Please call 1-415-655-0001 along with conference code 2480 788 6083## Should you wish to speak on the item push *3, you will be placed in the que. *Please Note – This process will be a learning curve for all, please be patient. 1 SPECIAL MEETING
January 18, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us Submit written comments:
We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the City Council prior to the meeting. Send emails to [email protected]; written correspondence may be sent to Brenda Lopez, 11600 Air Expressway Adelanto CA 92301.
Rules of Decorum
“Members of the Public are advised that all PAGERS, CELLULAR TELEPHONES and any OTHER COMMUNICATION DEVICES are to be turned off upon entering the City Council Chambers.” If you need to have a discussion with someone in the audience, kindly step out into the lobby. Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.
Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Physical or verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.
When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior, and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.
If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room, and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.) It should also be noted that any person who WILLFULLY disturbs or breaks up the City Council meeting may be arrested for a misdemeanor offense. (Penal Code, § 403.)
MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL MEMBERS
ARE REQUIRED TO FILL OUT A SPEAKER REQUEST FORM AND PLACE IT IN THE TRAY ON THE PODIUM PRIOR TO MEETING. Thank you, Administrative Staff The City Council packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council Members within seventy-two (72) hours of a Regular Meeting and twenty-four (24) hours of a Special Meeting. Members of the public can view the agenda or download any staff reports in advance by accessing the City’s website at www.ci.adelanto.ca.us on the Thursday of the week before the scheduled meeting.
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (760) 246-2300, ext. 11123, no later than seventy-two (72) hours prior to the meeting per 28 CFR 34.102.104.
2 SPECIAL MEETING
January 18, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us A. CALL TO ORDER— REGULAR MEETING
ROLL CALL: Councilor Evans ________
Councilor Jeannette ________
Councilor Jones ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________
INVOCATION:
FLAG SALUTE: ______________________
B. CLOSED SESSION REPORT
C. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
D. CITY MANAGERS ANNOUNCEMENTS AND REPORT
E. PRESENTATIONS
F. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *3 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.
Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not take action on an item not appearing on the agenda
3 SPECIAL MEETING
January 18, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us G. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:
1. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING THE
CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL AND OTHER CITY BODIES UNDER GOVERNMENT CODE SECTION 54953(e). (CITY ATTORNEY) RECOMMENDATION: It is staff's recommendation that the City Council adopt and approve the attached resolution, permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of Government Code Section 54953(e), which will require reauthorization every (thirty) 30 days.
M__________________S__________________ACTION____________________ H. ITEMS REMOVED FROM THE CONSENT CALENDAR
I. FUTURE AGENDA ITEMS
J. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *3 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.
Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not take action on an item not appearing on the agenda
4 SPECIAL MEETING
January 18, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us K. ADJOURNMENT
The next Regular Meeting of the City Council will be held on January 26, 2022, at 7:00 p.m.
TIME OUT: ______________
M__________________S__________________ACTION____________________
I, BRENDA LOPEZ, CITY CLERK OF THE CITY OF ADELANTO, OR MY DESIGNEE,
HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON JANUARY 16, 2022, TWENTY-FOUR (24) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, AND ADELANTO, CALIFORNIA.
Brenda Lopez, City Clerk, CMC
L. DECLARATION OF POSTING
5 SPECIAL MEETING
January 18, 2022
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us
YOUR CITY GOVERNMENT
CHARTER CITY: Ratified by the electors of the City at an election on November 3, 1992. “A Charter City can do what the Charter permits it to do, so long as there is not direct violation of the State Constitution.”
CITY COUNCIL: The City Council is the legislative and policy-making body of the City. The City Council is composed of one elected Mayor and four Council Members, elected at large (to represent the entire City), to serve four (4) year, staggered terms.
CITY MANAGER: The City Manager is the chief executive officer responsible for the day-to-day administration of City affairs.
CITY COUNCIL MEETING: The regular meeting of your City Council is a vital part of the democratic process in the conduct of the City’s affairs. These meetings are open to the public and conducted by your elected representatives who are responsible, as a body, for the operation of Adelanto’s City government. The City Council appreciates your interest and urges citizen participation in government matters.
LEGISLATIVE TERMS
ORDINANCES: Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a City Council meeting as a “first reading.” At a subsequent City Council meeting, there will be a “second reading” and vote for or against adoption. Ordinances go into effect after a waiting period of thirty (30) days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose.
RESOLUTIONS: Resolutions and minute orders are the means by which the City Council formally adopts policies and/or approves specific actions. These go into effect upon adoption 6 Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121
SPECIAL MEETING
OF THE ADELANTO CITY COUNCIL
ADELANTO PUBLIC FINANCING AUTHORITY,
ADELANTO PUBLIC UTILITY AUTHORITY,
ADELANTO COMMUNITY BENEFIT CORPORATION,
AND THE SUCCESSOR AGENCY BOARD
JANUARY 18, 2021
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill 361 (“AB 361”), which was effective immediately and amends Government Code § 54953 to allow a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to AB 361, please be advised that members of the Adelanto City Council may participate in meetings telephonically.
Pursuant to AB 361, the public may view the meeting and participate in public comment remotely as follows:
• All of our meetings are streamed live at
https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.
• Participate via web-ex at https://ci-adelanto-ca.webex.com/ci-adelantoca/j.php?MTID=mabad0c3b0d5972e1d9fa9fdc165db11b To Participate and Call in for public comments:
Please call 1-415-655-0001 along with conference code 2480 788 6083## Should you wish to speak on the item push *3, you will be placed in the que. *Please Note – This process will be a learning curve for all, please be patient.
TIME TELECONFERENCE
To Participate and and Call in for public
comments:
Open Session – 10:00 A.M. Please call 1-415-655-0001 along with conference code 2480 788 6083##
Should you wish to speak on the item push *3, you
will be placed in the que. *
Brenda Lopez, City Clerk, CMC
DATED: January 16, 2021
7 CITY COUNCIL AGENDA REPORT
DATE: January 18, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Marc Tran, City Attorney
SUBJECT: CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING THE
CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL AND OTHER CITY BODIES UNDER GOVERNMENT CODE SECTION 54953(e)
STAFF RECOMMENDATION:
It is staff's recommendation that the City Council adopt and approve the attached resolution, permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of Government Code Section 54953(e), which will require reauthorization every (thirty) 30 days.
BACKGROUND:
On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency throughout the state of California, in response to the rapid spread and threat of the Novel Coronavirus (COVID-19), which still remains in effect. On March 10, 2020, the Board of Supervisors of the County of San Bernardino proclaimed the existence of a local emergency for all of San Bernardino County (“County”) in response to the outbreak of COVID-19 and its impact on the County. On March 13, 2020, the Adelanto City Council (“City Council”) declared a local emergency in response to the conditions of extreme peril to the safety of persons within the City as a result of the rapid spread of COVID-19.
On September 16, 2021, Governor Newsom signed Assembly Bill (AB) 361 (Rivas, 2021), which authorizes local agencies to continue to hold public meetings remotely under modified teleconferencing requirements set forth in the Brown Act (Government Code section 54953(e)) during a state-declared emergency, as that term is defined, and when either state or local health officials have imposed or recommended measures to promote social distancing, or in situations when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees. AB 361 went into effect immediately and sunsets on January 1, 2024.
Under AB 361, legislative bodies of the City can meet remotely during a declared State of Emergency by the Governor that includes the jurisdictional boundaries of the City, if the legislative body determines that one of the following is also true:
1. State or local officials have imposed or recommended social distancing; or 8 2. To determine, by a majority vote, whether to hold remote meetings as a result of the State of Emergency, because meeting in person would present imminent risks to the health or safety of attendees; or
3. The legislative body holds a meeting having already determined by a majority vote to hold remote meetings.
Modified Brown Act requirements under AB 361, include, among other provisions, that:
• Members of the public must be allowed to address the body and offer comments in real-time during the meeting.
• In the event of a technical disruption, the public agency cannot take any further action on the agenda until the issue is resolved.
• Public agencies may not require public comments be submitted in advance (this is still a permissible option but cannot be the only option).
• Members of the public must be given a reasonable time to register to provide public comment, if necessary, and agencies that provide a timed public comment period shall not close the remote public comment option until that timed period has expired.
Once the initial authorizing resolution is adopted, ongoing authorization every thirty (30) days is required by majority vote. If the legislative body desires to use the teleconference exception available under Government Code Section 54953(e), it must confirm the circumstances of the State of Emergency thirty (30) days after the first teleconference meeting and every thirty (30) days thereafter.
FISCAL IMPACT:
There is no fiscal impact to the City.
ATTACHMENTS:
Resolution No. 22-03
9 - 1 -
RESOLUTION NO. 22-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF
SAN BERNARDINO, CALIFORNIA, PROCLAIMING A LOCAL EMERGENCY,
RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND AUTHORIZING REMOTE TELECONFERENCE
MEETINGS OF THE CITY COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF ADELANTO, FOR THE PERIOD FROM JANUARY 12, 2022 THROUGH FEBRUARY 11, 2022 PURSUANT TO BROWN ACT PROVISIONS SET FORTH UNDER GOVERNMENT CODE SECTION 54953(e)
WHEREAS, COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease that was first reported in China in December 2019, it has now spread throughout the state of California, including throughout the City of Adelanto (“City”); and WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California; and WHEREAS, on March 10, 2020, the Board of Supervisors of the County of San Bernardino proclaimed the existence of a local emergency for all of San Bernardino County (“County”) in response to the outbreak of COVID-19 and its impact on the County; and WHEREAS, on March 13, 2020, in response to the conditions of extreme peril to the safety of persons within the City of Adelanto, the Adelanto City Council (“City Council”) declared a local emergency; and
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allowed local governments meet remotely without adherence to the traditional teleconferencing rules set forth in the Ralph M. Brown Act (“Brown Act”), this waiver was extended through September 30, 2021 by Executive Order N-08-21; and WHEREAS, on September 16, 2021, Governor Newsom signed into law Assembly Bill No. 361 (“AB 361”), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act, when a legislative body of a local agency holds a meeting during a declared State of Emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; and WHEREAS, on December 13, 2021, the California Department of Public Health reissued a universal masking requirement, regardless of vaccination status, from December 15, 2021 through January 15, 2022, on January 5, 2022, the Department of Public Health extended the requirement for universal masking requirements through February 15, 2022; and WHEREAS, AB 361 requires the legislative body take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in 10 RESOLUTION NO. 22-03
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the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; and WHEREAS, all City Council, Board, and Commission meetings are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City Council or City Commission conduct their business; and WHEREAS, the City finds that the continuous spread of COVID-19 throughout the community has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of the City; and WHEREAS, the City continues to recommend measures to promote social distancing which include requiring staff and civilians wear masks in City buildings as well as posting COVID19 safety measures throughout City buildings and on the City’s social media accounts, as well as requesting each employee fill out a “Self-Attestation Form” regarding their receipt of the COVID19 vaccine; and WHEREAS, in light of the continuing State declaration of emergency resulting from the COVID-19 pandemic and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, the City Council desires to make the findings required by Government Code Section 54953(e) to allow the City Council and all City Boards and Commissions to meet under the abbreviated teleconferencing procedures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by reference.
SECTION 2. The City Council hereby considers the conditions of the State of Emergency in the County and City and proclaims that a local emergency in response to the COVID-19 pandemic persists.
SECTION 3. The City Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.
SECTION 4. The City Manager or designee and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this 11 RESOLUTION NO. 22-03
- 3 -
Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
SECTION 5. This Resolution shall take effect immediately upon its adoption and shall be effective starting January 18, 2022 until the earlier of February 17, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Adelanto may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
SECTION 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.
SECTION 7. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
[Signatures on the following page]
12 RESOLUTION NO. 22-03
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PASSED, APPROVED AND ADOPTED this 18 day of January, 2022. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
13 RESOLUTION NO. 22-03
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I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 22-03 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 18th day of January, 2022 be the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 18 day of January, 2022.
______________________________
Brenda Lopez, City Clerk
14