AGENDA
SPECIAL MEETING
CYPRESS CITY COUNCIL
March 8, 2022
8:30 A.M.
www.cypressca.org Webinar/Teleconference Only
Various Locations
SPECIAL NOTICE REGARDING COVID-19
THIS IS A CITY COUNCIL MEETING BY WEBINAR/TELECONFERENCE ONLY.
PUBLIC PARTICIPATION
Members of the public may participate in the meeting via teleconference by calling (669) 900-6833 and entering Meeting ID 749-015-0502 and Passcode 4449519 when prompted. Those persons wishing to make a public comment can do so via the teleconference or may submit a written comment via email to [email protected]. Comments submitted by 4:00 p.m. on March 7, 2022 will be included in the meeting record.
CALL TO ORDER
8:30 A.M.
Various Teleconference Locations
ROLL CALL
Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District
Mayor Paulo Morales
Mayor Pro Tem Anne Hertz-Mallari
Council Member Frances Marquez
Council Member Scott Minikus
Council Member Jon Peat
SPECIAL ORDER OF BUSINESS
1. Approve Findings Required by AB 361 to Use Teleconferencing for City Council Strategic Planning Meeting
Prepared by: Alisha Farnell, City Clerk
Recommendation:
1. Approve conducting the March 8, 2022 Special City Council strategic planning meeting via teleconference; and
2. Approve a Resolution to make the required findings under State law for remote teleconference City Council meetings.
ORAL COMMUNICATIONS (Limited to three minutes per speaker, unless extended by the City Council)
ORAL COMMUNICATIONS (Limited to three minutes per speaker, unless extended by the City Council) The public may address the City Council on any matters appearing on the agenda prior to any action taken. Members of the public participating via teleconference may provide comments by dialing *9 to raise your hand and *6 to unmute. Although Council Members may provide brief responses, the City Council may not discuss or take action on items that are not on its Agenda. Speakers are requested to limit their comments to no more than three minutes.
Alternatively, comments may be submitted to [email protected] prior to 4:00 p.m. on March 7, 2022. All comments submitted via email prior to the deadline will be added as a Consent Calendar item.
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a Council Member requests separate action on a specific item.
2. Receive and File Public Comments Submitted for the March 8, 2022 Special City Council Meeting
Prepared by: Alisha Farnell, City Clerk
Recommendation: Receive and file submitted public comments.
WORKSHOP SESSION
Strategic Planning
ADJOURNMENT
The next meeting will be an adjourned Regular Meeting, to be held on Monday, March 14, 2022, beginning at 5:30 p.m. in the Executive Board Room.
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting. Dated this 7th day of March, 2022.
________________________________
Alisha Farnell, City Clerk
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, you should contact the City Clerk at (714) 229-6685 at least 72 hours prior to the meeting to enable the City to make reasonable arrangements to assure accessibility to this meeting.
March 8, 2022 | Page 2
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Special 1.
FROM: Alisha Farnell, City Clerk
DATE: 03/08/2022
SUBJECT: Approve Findings Required by AB 361 to Use Teleconferencing for City Council Strategic Planning Meeting
RECOMMENDATION
1. Approve conducting the March 8, 2022 Special City Council strategic planning meeting via teleconference; and
2. Approve a Resolution to make the required findings under State law for remote teleconference City Council meetings.
DISCUSSION
The City's strategic planning facilitation team has requested that the City Council conduct its March 8 strategic planning session virtually. In order to conduct the strategic planning session virtually, the City Council must take action in accordance with state law.
Teleconference Meeting Requirements Under State Law
In September, the Governor signed Assembly Bill 361, which amended California Government Code section 54953 regarding teleconference meetings. Those amendments authorize cities to conduct remote meetings by teleconference during a Governor-proclaimed state of emergency provided that the City Council makes findings and meets public access procedural requirements. AB 361 requires the City Council to make the following findings by majority vote (and reaffirm the findings at least every 30 days) to hold remote teleconference meetings:
(A) The legislative body has reconsidered the circumstances of the state of emergency; and (B) Either of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person; or
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
In addition, AB 361 adds new procedures and clarifies the requirements for remote teleconference meetings:
Public Comment Opportunities in Real Time - a legislative body that meets remotely must allow the Public Comment Opportunities in Real Time - a legislative body that meets remotely must allow the public to access the meeting via a call-in option or an Internet-based service option, and the agenda for the remote meeting must provide an opportunity for the public to directly address the body in real time. A legislative body cannot require public comments to be submitted in advance of the meeting (written public comment is permitted along with real time input).
No Action During Disruptions - in the event a remote meeting is interrupted by technological disruption (or a disruption that prevents the public from offering public comments using the call-in option or internet-based services option) the legislative body is prohibited from taking any further action on items appearing on the meeting agenda until public access is restored. The City's webinar system and meeting protocols previously in place during virtual meetings are in full compliance with AB 361.
BUDGET IMPACT
None.
LEGAL REVIEW
The City Attorney has reviewed the Resolution.
APPROVED BY:
Attachments
Resolution
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS EX-OFFICIO GOVERNING BOARD OF DIRECTORS
OF THE CYPRESS RECREATION AND PARK DISTRICT,
AUTHORIZING REMOTE TELECONFERENCE ACCESSIBILITY FOR
CONDUCTING PUBLIC MEETINGS PURSUANT TO BROWN ACT
PROVISIONS FOR THE MARCH 8, 2022 SPECIAL CITY COUNCIL
MEETING.
WHEREAS, the Cypress City Council is committed to preserving and nurturing public access and participation in meetings of the City Council; and WHEREAS, all meetings of the Cypress City Council are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
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; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, such conditions now exist in the City, specifically, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and WHEREAS, on March 23, 2020, the City Council adopted Resolution No. 6774, ratifying a proclamation of the existence of a local emergency by the Director of Emergency Services; and
WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body shall hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees. The City Council must make these findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also make these findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducing public meetings.
NOW, THEREFORE, the City Council of the City of Cypress, and acting as exofficio governing Board of Directors of the Cypress Recreation and Park District DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. The City Council hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, City Boards, Commissions, and Committees, City staff and consultants to meet safely in person.
Section 3. The State of California and the City of Cypress continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of Orange, as applicable, including facial coverings when required and social distancing.
Section 4. The City Council hereby declares that, pursuant to the findings listed in this Resolution, the City Manager is authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby.
Section 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.
Section 6. This Resolution shall take effect immediately upon its adoption and shall be effective on March 8, 2022. This Resolution shall not extend beyond March 8, 2022 unless 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 Cypress may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
PASSED AND ADOPTED by the City Council of the City of Cypress, and acting as ex-officio governing Board of Directors of the Cypress Recreation and Park District, at a regular meeting held on the __ day of ___, 2022.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OFTHE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the __ day of __, 2022, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
CITY CLERK OF THE CITY OF CYPRESS
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Special 2.
FROM: Alisha Farnell, City Clerk
DATE: 03/08/2022
SUBJECT: Receive and File Public Comments Submitted for the March 8, 2022 Special City Council Meeting
RECOMMENDATION
Receive and file submitted public comments.
BUDGET IMPACT
None.
LEGAL REVIEW
None required.
APPROVED BY: Peter Grant, City Manager