AGENDA
DELANO CITY COUNCIL
SPECIAL MEETING February 22, 2022
DELANO CITY HALL, 1015 – 11th Avenue 5:30 P.M.
IN ACCORDANCE WITH AB361, THIS MEETING WILL BE CONDUCTED FULLY VIA
TELECONFERENCE, DUE TO THE CURRENT RESTRICTIONS BY SAID ASSEMBLY BILL AND CENTERS FOR DISEASES CONTROL AND PREVENTION (CDC) GUIDELINES. THE
PUBLIC WILL HAVE ACCESS TO CALL IN, LISTEN TO THE MEETING AND PROVIDE PUBLIC COMMENT. IN ACCORDANCE WITH AB361, THERE WILL NOT BE A PHYSICAL LOCATION FROM WHICH THE PUBLIC MAY ATTEND. IN ORDER TO CALL INTO THE MEETING PLEASE SEE THE DIRECTIONS BELOW.
AS STATED ABOVE THERE WILL BE NO IN-PERSON ACCESS FOR THE PUBLIC FOR THE FEBRUARY 22, 2022 CITY COUNCIL MEETING.
TO PARTICIPATE PLEASE FOLLOW THESE INSTRUCTIONS AT THE TIME OF THE MEETING AS FOLLOWS:
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CALL TO ORDER
FLAG SALUTE
ROLL CALL
SPECIAL AGENDA ITEM(S)
1) Consideration of Adopting a Resolution to Continue to Permit Teleconferencing Attendance Option for City Council and other City Legislative Body Meetings Pursuant to AB-361 for Next 30 days
ADJOURNMENT
Respectfully submitted,
_______________________________________________
Maribel Reyna, City Manager
This is to certify that this agenda was posted at Delano City Hall on February 17, 2022. _______________________________________________
Ricardo G. Chavez, City Clerk
Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s office at City Hall, 1015 -11th Avenue, during normal business hours.
The City of Delano does not discriminate on the basis of disability in the access to, provision of or employment in its programs and activities pursuant to 29 United States Code Section 12132 and California Civil Code Section 54.
Information regarding the rights provided under the Americans With Disabilities Act (ADA) may be obtained from the City Manager’s Office.
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When: Feb 22, 2022 05:30 PM Pacific Time (US and Canada) Topic: City Council Meeting
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If the public has any questions, please feel free and call 661-720-2228 by 10:00 am on February 22, 2022.
CITY OF DELANO
STAFF REPORT
February 22, 2022
Agenda Item: 1
TO: Honorable Mayor Osorio and Members of the City Council FROM: Maribel Reyna, City Manager
Rachel Richman, City Attorney
SUBJECT: Consideration of Adopting a Resolution to Continue to Permit Teleconferencing Attendance Option for City Council and other City Legislative Body Meetings Pursuant to AB-361 for Next 30 days Recommendation
Staff recommends the Delano City Council adopt the attached Resolution determining that the option for attendance via teleconferenced meetings should continue as permitted under AB 361 due to imminent safety risks to certain segments of the Delano community of meeting in person due to COVID-19 and its variants.
Discussion
AB 361 was signed by Governor Newsom in September of 2021. It amends the Brown Act to allow local legislative bodies to continue having meetings using teleconferencing and virtual meeting technology as long as there is a gubernatorial “proclaimed state of emergency,” and either (1) state or local officials imposing or recommending measures that promote social distancing or (2) the legislative body finding that meeting in person would present an imminent safety risk to attendees.
The key differences between existing Executive Order N-08-21, which expired September 30, 2021, and AB 361 is that AB 361 imposes particular requirements with respect to public comment; however, the City of Delano’s practices with respect to live public comment via Zoom already satisfy all of the new requirements. Additionally, the City must make findings and adopt a resolution by majority vote that the state of emergency still exists and continues to directly impact the ability of the members to meet safely in person every 30 days.
Attachments
Resolution
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELANO
AUTHORIZING THE CONTINUING NEED FOR A TELECONFERENCING
OPTION FOR CITY COUNCIL, COMMISSION AND COMMITTEE
MEETINGS PURSUANT TO ASSEMBLY BILL 361 AND MAKING
FINDINGS AND DETERMINATIONS REGARDING THE SAME
WHEREAS, the City of Delano is committed to preserving and nurturing public access and participation in meetings of the City Council; and
WHEREAS, all meetings of the City of Delano’s legislative bodies 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, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings as a result of a proclaimed state of emergency; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency as a result of the COVID-19 pandemic which currently remains in effect; and WHEREAS, on March 16, 2020, the City of Delano declared a local State of Emergency as a result of the COVID-19 pandemic which currently remains in effect; and WHEREAS, COVID-19 continues to threaten the health and lives of Delano residents and state and local health officials continue to recommend or require precautions be taken including, but not limited to, masking, limiting prolonged interior exposure to other individuals, limiting the size of gatherings indoors, and, for those with compromised health conditions or those without vaccines, limiting attendance at functions indoors; and WHEREAS, state and local officials continue to recommend social distancing to protect the community’s health against the spread of COVID-19; and WHEREAS, the Omicron variant and other variants continue to emerge and are highly transmissible in indoor settings and COVID-19 cases in Kern County are still high; WHEREAS, hospitalizations continue to be high throughout Kern County; NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Delano that:
SECTION 1. The above recitals are correct and are material to this Resolution and are incorporated into this Resolution as findings of the City Council.
SECTION 2. The City continues to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention, California Department of Public Health, and/or County of Kern, as applicable. Based upon that guidance, in person attendance indoors at public meetings continues to present an imminent health risk for certain segments of the City’s population, necessitating teleconferencing when needed to allow for meaningful participation options for all City constituents and its elected and appointed officials.
SECTION 3. State and local officials continue to recommend social distancing to protect the community’s health against the spread of COVID-19.
SECTION 4. Pursuant to the findings listed in this Resolution, the City Council and the City’s Legislative Bodies are authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361.
SECTION 5. The City’s Legislative Bodies are hereby authorized to conduct meetings in a format whereby members of the Legislative Body and members of the public may elect to be present in person, utilizing appropriate safety procedures, or participate by teleconferencing technology. Such meetings of the Legislative Bodies that occur using teleconferencing technology will provide an opportunity for any and all members of the public who wish to address Legislative Bodies to do so, and will otherwise occur in a manner that protects the statutory and constitutional rights of members of the public attending the meeting via teleconferencing. The City’s Legislative Bodies have safety measures and technology in place to allow in-person and teleconferenced appearances at meetings, which reduces the risks to health and safety because the number of attendees is reduced.
SECTION 6. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) 30 days from the date of adoption of this Resolution, or (ii) such time 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 Delano may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953 for another 30 day period.
PASSED AND ADOPTED at the special meeting the City Council of the City of Delano, this 22nd day of February 2022.
__________________________________
BRYAN OSORIO, MAYOR
ATTEST:
____________________________
RICARDO G. CHAVEZ, CITY CLERK
APPROVED AS TO FORM:
RACHEL RICHMAN, CITY ATTORNEY
ATTEST:
I, Ricardo G. Chavez, City Clerk of the City of Delano, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022- has been duly signed by the Mayor and attested by the City Clerk, all at a special meeting of the Delano City Council, held on February 22, 2022, and that the same was adopted, signed and approved by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICARDO G. CHAVEZ, CITY CLERK