Jeanie O‘Laughlin
Mayor
Nick Lessenevitch
EMayor Pro Tem
Jim Creighton
Councilmember
Kelly Kulikoff
Councilmember
Karen Macedonio
Councilmember
AGENDA
CITY OF CALIFORNIA CITY
CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY
TUESDAY, MARCH 8, 2022
CLOSED SESSION @ 4:30 PM
REGULAR MEETING @ 6:00 PM
COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
If you need special assistance to participate in this meeting, contact the City Clerk at (760) 373-7140 or via email at [email protected]. We request a 72-hour notification prior to the meeting in order for the City to make reasonable arrangements to ensure accessibility. (28 CFR 35.102-35.104 American Disabilities Act Title II)
This meeting will be held remotely pursuant to Government Code §54953, please participate as follows:
1. Zoom Web Link: https://us06web.zoom.us/j/86267184868
2. Meeting ID: 862 6718 4868
3. Public can dial into the Zoom line:
One tap mobile: +16699009128,,86267184868# US (San Jose) Dial the following number: +1 669 900 9128 US (San Jose)
4. Comments
Public must join Zoom meeting to comment
Keep your mic on Mute until you are requested to speak Use the “Raise your Hand” button to request to speak or, Send a chat request to City Clerk for request to speak When requested to speak state your name for the record Re-mute when your time to speak has ended
Public is urged to listen to the meeting in a quiet place, to avoid background noise. We also request public to MUTE your audio device when not commenting to avoid disruption during meeting. **At this time, please take a moment to turn off your cell phones** CLOSED SESSION 4:30PM
CALL TO ORDER
ROLL CALL
Councilmembers: Creighton, Kulikoff, Macedonio, Mayor Pro Tem Lessenevitch, Mayor O’Laughlin
ADOPT AGENDA
PUBLIC COMMENTS
Members of the public are welcome to address the City Council only on those items on the Closed Session agenda. Each member of the public will be given (3) three minutes to speak.
CLOSED SESSION
CS 1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(d)(1))
Claim of Jose Barragan
CS 2. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Roger Crawford
Employee Organizations: The Firefighters Association, Miscellaneous Employees Association, California City Police Officer Association
CS 3. PUBLIC EMPLOYEE APPOINTMENT/RECRUITMENT
(Pursuant to Government Code Section 54957)
Title: City Manager
CS 4. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Unrepresented Employee
Title: City Manager
CS 5. PUBLIC EMPLOYEE RECRUITMENT/EMPLOYMENT
(Pursuant to Government Code Section 54957)
Title: Interim City Attorney
CS 6. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Unrepresented Employee
Title: Interim City Attorney
REPORT OUT OF CLOSED SESSION
REGULAR MEETING 6:00
CALL TO ORDER
PLEDGE OF ALLEGIANCE / INVOCATION
ROLL CALL
Councilmembers: Creighton, Kulikoff, Macedonio, Mayor Pro Tem Lessenevitch, Mayor O’Laughlin
CITY CLERK REPORTS / LATE COMMUNICATIONS
None
DEPARTMENTAL REPORTS
Finance
OHV
Parks and Recreation
Planning
CITY MANAGERS REPORT
PRESENTATION
CIVIC/COMMUNITY/ORGANIZATIONS ANNOUNCEMENTS
PUBLIC BUSINESS FROM THE FLOOR
This portion of the meeting is reserved for public who desire to address the City Council on any matter not on this agenda and over which the City Council has jurisdiction. Please state your name for the record and limit your comments to (3) three minutes.
CONSENT CALENDAR
All items on the consent calendar are considered routine, non-controversial and will be approved by (1) one motion if no member of the Council, staff, or public wishes to comment or ask questions.
Public comments to be limited to (3) three minutes. Roll call vote required.
CC 1. Approve City Check Register dated 02/18/2022 through 03/03/2022.
CC 2. Approve Minutes from the February 22nd, February 23 rd and March 3rd, 2022 City Council Meetings.
CC 3. Adoption of RESOLUTION NO. 03-22-2911, A RESOLUTION OF THE CITY COUNCIL
RATIFYING THE PROCLAMATION OF STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND MAKING THE LEGALLY REQUIRED FINDINGS TO CONTINUE TO AUTHORIZE THE CONDUCT OF REMOTE “TELEPHONIC” MEETINGS DURING THE STATE OF EMERGENCY FOR THE PERIOD FROM MARCH 8, 2022, THROUGH APRIL 7, 2022 – Interim City Manager Ambrose
CC 4. Approve STATE-MANDATED COSTS REIMBURSEMENT PROGRAM FOR DOMESTIC
VIOLENCE AND VICTIM ASSISTANCE AND ALLOW INTERIM CITY MANAGER TO SIGN ON
BEHALF OF CITY OF CALIFORNIA CITY POLICE DEPARTMENT TO CONTRACT NICHOLS
CONSULTING FOR THE SERVICES OF PREPARING AND SUBMITTING THE REIMBURSEMENT CLAIMS - Chief Walker
CC 5. AVEK VAULT CONFINED SPACE ENTRY EQUIPMENT RECOMMENDATION RATIFY PURCHASE – Chief Water Operator
CC 6. CHANGE ORDER - ARPA IT PURCHASE - Interim City Manager Ambrose CC 7. CONSIDERATION OF AN AGREEMENT FOR INTERIM CITY ATTORNEY SERVICES WITH OLIVAREZ MADRUGA LEMIEUX O’NEILL, LLP – Interim City Manager Ambrose
NEW BUSINESS
NB 1. Notice of Upcoming Vacancies on the Planning Commission, Parks and Recreation Commission and the Vicious Dog Review Board – Mayor O’Laughlin
COUNCILMEMBER COMMENTS, AGENDA REQUESTS, AND AB1234 REPORTS This portion of the meeting is reserved for Council Members to present information, announcements and items that have come to their attention, request a discussion be placed on a future agenda, or ask brief questions of staff on items of public interest to which a brief answer may be provided. The Brown Act precludes Council, Staff, or Public discussion. Short staff responses are appropriate. The Council will take no formal action.
ADJOURNMENT
AFFIDAVIT OF POSTING: This agenda was posted on all official City bulletin boards and the City website at least 72 hours prior to the Council Meeting. Laurie Sutton, City Clerk
[email protected]
(205) 314-0386
2200 Magnolia Ave, Suite 100
Birmingham, AL
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Thank You.
California City, CA
CITY COUNCIL
DATE: March 8, 2022
TO: Mayor and City Council
FROM: Anne V. Ambrose, Interim City Manager
SUBJECT: Adoption of Resolution No. 03-22-2911, a Resolution of the City Council Ratifying the Proclamation of State of Emergency by Governor Newsom on March 4, 2020, and Making the Legally Required Findings to Continue to Authorize the Conduct of Remote “Telephonic” Meetings During the State of Emergency for the Period from March 8, 2022, through April 7, 2022
_____________________________________________________________________________________
BACKGROUND
Since March 12, 2020, Executive Orders from the Governor have relaxed various Brown Act meeting requirements to allow remote meetings and to temporarily suspended the Brown Act provisions requiring the physical presence of Councilmembers at public meetings. Those authorizations expired at the end of September.
On September 16, 2021, the Governor signed AB 361. AB 361 allows local agencies to continue to conduct remote (“Zoom”) meetings during a declared State of Emergency, provided local agencies make specified findings by Resolution. Absent this legislation, local agencies would have had to return to traditional meetings beginning on October 1, 2021, and traditional methods of remote participation by Councilmembers including the requirements of Government code 54953(b)(3).
Government Code 54953(b)(3) provides:
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
To utilize the exemption of AB 361 there must be a Proclamation from the Governor of a State of Emergency. On March 4, 2020, the Governor declared a State of Emergency which continues to this date.
In addition, to utilize AB 361, one of the following must also be true:
1) “[S]tate or local officials have imposed or recommended measures to promote social distancing”1; or
2) The legislative body is holding a meeting for the purpose of determining “whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.” That is, the legislative body will be determining whether there is such risk; or 3) By “majority vote”2 the legislative body determined that “as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.” That is, the legislative body already determined there is such risk.
State officials continue to impose and recommend social distancing measures supporting an appropriate finding. The Kern County Public Health Services news release from March 1, 2020, outlined the latest COVID-19 facts and guidelines, including the update that public indoor masking for unvaccinated individuals is no longer required, but continues to be strongly recommended.
However, the findings only last for a period of thirty days. To continue this exemption, all the above conditions must continue to be true, and the Council must adopt a new Resolution making such findings every thirty days to continue to utilize the exemptions of AB 361.
At the February 8, 2022, City Council meeting, the Council approved Resolution No. 02-22-2907 that made the findings to authorize the conduct of remote “telephonic” meetings during the State of Emergency.
Given that Resolution Number 02-22-2907 expires on March 10, 2022, staff recommends the City Council adopt the attached resolution before the existing resolution lapses.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 03-22-2911 reaffirming that the aforementioned conditions continue to be true and extend the exemption from the requirements of the Government Code Section 54953(b)(3) for an additional thirty days.
ENVIRONMENTAL REVIEW
This Action is exempt pursuant to Section 15061(b)(3) of Title 14 the California Code of Regulations.
ATTACHMENTS:
Resolution No. 03-22-2911
1 It is important to distinguish social distancing recommendations (e.g., stay 6 feet apart) from other safety protocols such as masking and vaccines.
2 This would include a majority of a quorum. If, for example, there are 5 members of a legislative body, but only 3 are in attendance at a meeting, then 2 would constitute a majority of those in attendance, and therefore may vote to conduct the meeting remotely.
1 RESOLUTION NO. 03-22-2911
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIFORNIA CITY, RATIFYING THE PROCLAMATION OF STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND
MAKING THE LEGALLY REQUIRED FINDINGS TO CONTINUE TO
AUTHORIZE THE CONDUCT OF REMOTE “TELEPHONIC”
MEETINGS DURING THE STATE OF EMERGENCY, FOR THE PERIOD
FROM MARCH 8, 2022, THROUGH APRIL 7, 2022
WHEREAS, Coronavirus, also known as COVID-19, was first reported in China in December 2019, it has now spread throughout the state of California, including throughout the City of California City (“City”);
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California, which continues to this date;
WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency due to the continued spread and the effects of COVID-19; WHEREAS, on March 16, 2020, a local emergency related to the Coronavirus, was declared by the Kern County Administrative Office, this declaration was subsequently ratified by the Kern County Board of Supervisors on March 17, 2020; 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; WHEREAS, on September 16, 2021, Governor Newsom signed AB 361, which went into immediate effect as urgency legislation;
WHEREAS, AB 361 added subsection (e) to Section 54953 authorizing legislative bodies to telephonically participate in meetings without compliance with the requirements of Government Code section 54953(b)(3) provided the legislative body makes specified findings; WHEREAS, a required condition is that a State of Emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558;
WHEREAS, a further condition of AB 361 if one of the following is true:
1) “[S]tate or local officials have imposed or recommended measures to promote social distancing”; or
2 2) The legislative body is holding a meeting for the purpose of determining “whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees”; or
3) By “majority vote” the legislative body determined that “as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.” That is, the legislative body already determined there is such risk.
WHEREAS, the Kern County Public Health Services news release from March 1, 2020, outlined the latest COVID-19 facts and guidelines, including the update that public indoor masking for unvaccinated individuals is no longer required, but continues to be strongly recommended; WHEREAS, within the last 30 days the City Council of the City of California City adopted a Resolution finding that the circumstances of the State of Emergency declared by the Governor and (1) the State of Emergency directly impacts the ability of the members of this legislative body to meet safely in person; and (2) state or local officials continue to impose or recommend measures to promote social distancing;
WHEREAS, the City Council, by this Resolution herein authorizes, for an additional thirty (30) days, exemption from the requirements of Government code section 54953(b)(3) for telephonic participation by Councilmembers in Council meetings from March 8, 2022, through April 7, 2022.
NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of California City as follows:
1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
2. The City Council finds that local officials, specifically, the Kern County Public Health Services, has continued to recommend masking measures to ensure the safety of residents.
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.
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 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.
5. This Resolution shall take effect immediately upon its adoption and shall be effective starting March 8, 2022, until the earlier of April 7, 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 California City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
3 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.
7. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED AND ADOPTED this 8th day of March 2022 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Jeanie O’Laughlin, Mayor
ATTEST:
_______________________________
Laurie Sutton, City Clerk
4 STATE OF CALIFORNIA )
COUNTY OF KERN ) SS
CITY OF CALIFORNIA CITY )
I, Laurie Sutton do hereby certify that I am the duly appointed City Clerk of the City of California City, and that the foregoing Resolution was duly adopted at a regular meeting of the Mayor and City Council of the City of California City held on the 8th day of March 2022. _______________________________
Laurie Sutton, City Clerk
APPROVED AS TO FORM
______________________________
Victor Ponto, City Attorney