City of Farmersville
NOTICE OF PUBLIC MEETING AND AGENDA
[Emergency Meeting pursuant to Gov’t Code §54956.5]
[Telephonic Meeting pursuant to Gov’t Code §54953]
Notice: A public meeting of the City Council of the City of Farmersville will be conducted on April 28, 2024 at 3:00p. The meeting will not be inperson, and will be conducted telephonically with the following log-in information:
Zoom Telephonic-option Meeting
• Meeting ID: 838 1813 5928
• https://us02web.zoom.us/j/83818135928
One tap mobile
• +16694449171,,83818135928# US
• +16699009128,,83818135928# US (San Jose)
Dial by your location
• +1 669 900 9128 US (San Jose)
• Meeting ID: 838 1813 5928
************************************************************************************* AGENDA
1. Call to Order 3:04 pm.
2. Roll Call
Attendee Name Title Status Arrived
Tina Hernandez Mayor Present 3:04 pm
Danny Valdovinos Mayor Pro Tem Present 3:04 pm
Greg Gomez Council Member Present 3:04 pm
Paul Boyer Council Member Present 3:04 pm
Armando Hinojosa Council Member Present 3:04 pm
3. Findings of Emergency Situation
a. Ca. Gov’t Code §54956.5 authorizes the calling a meeting with limited notice and posting requirements for an “emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority.
of the members of the legislative body.” Further, in the case of an “emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public. facilities,” the legislative body may move forward with a one-hour notice.
Pursuant to Gov't Code 54956.5, the Council found, by Motion from Mayor Hernandez, seconded by Councilmember Gomez, and unanimous roll call vote, that the lack of City Manager, and situation regarding the parks and public works constituted an emergency, defined as work stoppage, crippling activity, or other activity that severely impairs the public health, safety, or both, including the finding that the emergency situation involves matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities. The finding of an emergency situation enabled the Council to proceed on an emergency basis, with the posting and noticing of the agenda with a one-hour notice period.
RESULT APPROVED (UNANIMOUS)
MOVER Mayor Hernandez
SECONDER Councilmember Gomez
AYES Hernandez, Valdovinos, Gomez, Boyer, Hinojosa
ABSENT 0
ABSTAIN 0
4. Public Comment: none given.
5. General Business
a. Creation of an Ad-Hoc Committee for the Acting, Interim, and Permanent City Manager position.
i. Staff requests at least three members of the Counsel be appointed to the Ad-Hoc Committee, with the following
authorizations and instructions:
1. Authorized and instructed to review and appoint staff-level Acting (or Co-Acting) Interim City Manager for a period not to exceed five weeks without being renewed;
2. Authorized and instructed to work with staff and new Acting Interim City Manager to organize and coordinate a process for obtaining an Interim City Manager who will relieve the Acting Interim City Manager. Authorization to include all necessary actions. However, a proposed Interim City Manager must be appointed by a vote of the full Council;
3. Authorized and instructed to work with staff and any Acting and/or Interim City Manager to organize and create a process for obtaining a permanent City Manager. Authorization to include creation of a scope of work, authorizing third-party search entities, and all other necessary actions. However, the review and hiring of a permanent City Manager shall be by a vote of the full Council.
City Attorney presented that there were non-coordinated informal efforts to find a City Manager on short notice over the past week, but that there was no success. City Attorney also presented his recommendation that the Council create an Ad-Hoc (temporary) Committee for search and appointment of an Acting, and Interim, and a Permanent City Manager. Each of the Councilmembers discussed the issue, finally agreeing that the creation of the Committee was the best path forward. Accordingly, a motion was made by Vice Mayor Valdovinos, second by Mayor Hernandez, unanimous roll call vote, to appoint a three-member Ad-Hoc Committee for the following three tasks/authorizations/ instructions:
RESULT APPROVED (UNANIMOUS)
MOVER Mayor Pro Tem Valdovinos
SECONDER Mayor Hernandez
AYES Hernandez, Valdovinos, Gomez, Boyer, Hinojosa
ABSENT 0
ABSTAIN 0
(i) review and appoint staff-level Acting (or Co-Acting) Interim City Manager for a period not-to-exceed five weeks without being renewed.
(ii) work with staff and the new Acting Interim City Manager to organize and coordinate a process for obtaining an Interim City Manager who will relieve that Acting Interim City Manager. This authorization shall include all necessary actions. However, a proposed Interim City Manager must be appointed by a vote of the full Council; and (iii) work with staff and acting and/or Interim City Manager to organize and create a process for obtaining a City Manager.
This authorization shall include the creation of a scope of work, authorizing third-party search entities, and all other necessary actions. However, the review and hiring of a permanent City Manager shall be by a vote of the full Council. Further, by Motion (Boyer) and second (Hinojosa), with roll call unanimous vote, the Council voted to appoint Mayor Hernandez, Vice-Mayor Valdovinos, and Councilmember Gomez to the newly created Ad Hoc City Manager Search Committee.
RESULT APPROVED (UNANIMOUS)
MOVER Councilmember Boyer
SECONDER Councilmember Hinojosa
AYES Hernandez, Valdovinos, Gomez, Boyer, Hinojosa
ABSENT 0
ABSTAIN 0
6. Adjournment to Closed Session: Mayor Hernandez adjourned to closed session at 3:31 pm.
a. Conference With Legal Counsel – Public Employee
Discipline/Dismissal/Release (Gov’t Code 54954.5(e);
54957(b)(1)).
During Closed Session, the Council discussed Agenda Item 6a - Conference with Legal Council - Public Employee Discipline/Dismissal/Release (Gov't Code 54954.5(e); 54957(b)(1)). The matter was presented by City Attorney, Michael Schulte, and discussed by all Council. Action was taken and reported out after reconvening to open session.
7. Reconvene to Open Session:
Mayor Hernandez reconvened to open session at 4:21pm.
8. Closed Session Report (if any)
Attorney Schulte reported that the Council had taken action to terminate the at-will contract of Public Works Director, Jeff Dowlen for cause, arising from a willful breach of duty or a habitual neglect of duty. The motion was made by Councilmember Hinojosa, with a second by Vice Mayor Valdovinos, and a roll call unanimous vote. The motion further authorized and instructed City Attorney, Michael Schulte, to notify Mr. Dowlen of the termination of the at will contract, and work with staff to handle the details, including checks, accruals.
9. Adjournment
Mayor Hernandez adjourned the meeting at 4:22 pm.