Update 04/15/22 at 12:00 p.m. Madera City Council Agenda Page 1 of 2 April 18, 2022
SPECIAL MEETING
OF THE MADERA CITY COUNCIL
205 W. 4th Street, Madera, California 93637
NOTICE AND AGENDA
Monday, April 18, 2022 Council Chambers
6:00 p.m. City Hall
The Council Chambers will be open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID:
835 7947 8512# Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.
CALL TO ORDER
ROLL CALL: Mayor Santos Garcia
Mayor Pro Tem Anita Evans, District 4
Councilmember Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
INVOCATION:
PLEDGE OF ALLEGIANCE:
APPROVAL OF AGENDA:
PUBLIC COMMENT:
Members of the public shall have an opportunity to address the City Council regarding matters on this Agenda at the time the agenda item is called. Speakers should limit their comments to three (3) minutes.
A. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:
A-1 Remote City Council Meetings Under Brown Act Requirements (Assembly Bill 361) Recommendation:
1) Council to decide to allow Public Meetings by the City Council and all Boards, Commissions, and Standing Committees of the City with the remote meeting Update 04/15/22 at 12:00 p.m. Madera City Council Agenda Page 2 of 2 April 18, 2022
requirements set forth by the Brown Act; or
2) Council to decide to adopt a Resolution Reauthorizing Remote Teleconference Public Meetings by the City Council and All Boards, Commissions, and Standing Committees of the City in Accordance with Assembly Bill 361 for a Period of 30 Days (Report by Arnoldo Rodriguez)
ADJOURNMENT – Next regular meeting April 20, 2022
§ Please silence or turn off cell phones and electronic devices while the meeting is in session. § Regular meetings of the Madera City Council are held the 1st and 3rd Wednesday of each month at 6:00 p.m. in the Council Chambers at City Hall.
§ A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (559) 661-5405 or by email at [email protected] .
§ The meeting room is accessible to the physically disabled, and the services of a translator can be made available. Request for additional accommodations for the disabled, signers, assistive listening devices, or translators needed to assist participation in this public meeting should be made at least seventytwo (72) hours prior to the meeting. Please call the Human Resources Office at (559) 661-5401. Those who are hearing impaired may call 711 or 1-800-735-2929 for TTY Relay Service. § Questions regarding the meeting agenda or conduct of the meeting, please contact the City Clerk’s Office at (559) 661-5405.
§ Para asistencia en español sobre este aviso, por favor llame al (559) 661-5405.
I, Alicia Gonzales, City Clerk for the City of Madera, declare under penalty of perjury that I posted the above agenda for the Special Meeting of the Madera City Council for April 18, 2022, near the front entrances of City Hall and on the City’s website www.madera.gov at 12:00 p.m. on April 15, 2022. _____________________________________
Alicia Gonzales, City Clerk
REPORT TO CITY COUNCIL
Approved by:
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Remote City Council Meetings Under Brown Act Requirements (Assembly Bill 361) RECOMMENDATION:
1. Council to decide to allow Public Meetings by the City Council and All Boards, Commissions, and Standing Committees of the City with the remote meeting requirements set forth by the Brown Act; or
2. Council to decide to adopt a Resolution Reauthorizing Remote Teleconference Public Meetings by the City Council and All Boards, Commissions, and Standing Committees of the City in Accordance with Assembly Bill 361 for a Period of 30 Days SUMMARY:
On January 19, 2022, the Council elected to return to remote meetings as permitted under AB 361. The City may continue Public Meetings with the remote meeting requirements set forth by the Brown Act or may choose to utilize the option for remote meetings under AB 361. The latter allows for the remote meeting procedures that the City had been using throughout the COVID19 pandemic, subject to certain requirements that must be considered as part of the initial determination (by resolution) to adopt remote meeting protocols.
In short, the City may:
▪ Continue to meet per regular Brown Act provisions; permits remote meetings per Government Code section 54953(b)(3); or
▪ Utilize the option under AB 361 for remote meetings
DISCUSSION:
The City may meet via remote teleconferencing if it adopts a resolution, that makes specific findings in support of conducting remote meetings. The City may extend the authorization in additional 30 day increments for the duration of the declared emergency, or until the Council decides to return to in-person meetings, or otherwise continues to comply with the regular Council Meeting of: April 18, 2022
Agenda Number: A-1
remote meeting requirements of the Brown Act.
Table 1 identifies the differences between standard Brown Act remote teleconferencing and AB 361 teleconferencing. It is noted the City must still provide advance notice of public meetings and must continue to post meeting agendas consistent with the provisions of the Brown Act.
Table 1: Comparison of Public Meeting requirements (Brown Act vs. AB 361) Brown Act Requirement Requirement Under AB 361
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.
▪ Agendas not required to be posted at all
teleconference locations.
▪ Meeting must still be conducted 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.
If the legislative body of a local agency elects
to use teleconferencing, 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.
▪ Agendas are not required to identify each
teleconference location in the meeting
notice/agenda.
▪ Local agencies are not required to make
each teleconference location accessible
to the public.
If the legislative body of a local agency elects
to use teleconferencing during the
teleconferenced meeting, 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.
▪ No requirement to have a quorum of
board members participate from within
the territorial bounds of the local
agency’s jurisdiction.
If the legislative body of a local agency elects
to use teleconferencing, the agenda shall
provide an opportunity for members of the
public to address the legislative body directly
at each teleconference location.
▪ In each instance in which notice of the
time of the teleconferenced meeting is
given or the agenda for the meeting is
posted, the legislative body shall also give
notice of the manner by which members
of the public may access the meeting and
offer public comment.
▪ The agenda shall identify and include an
opportunity for all persons to attend via a
call-in option or an internet-based service
option.
▪ The legislative body shall allow members
of the public to access the meeting, and
the agenda shall include an opportunity
for members of the public to address the
Table 1: Comparison of Public Meeting requirements (Brown Act vs. AB 361) Brown Act Requirement Requirement Under AB 361
legislative body directly.
▪ In the event of a disruption which
prevents the local agency from
broadcasting the meeting to members of
the public using the call-in option or
internet-based service option, or in the
event of a disruption within the local
agency’s control which prevents
members of the public from offering
public comments using the call-in option
or internet-based service option, the
legislative body shall take no further
action on items appearing on the meeting
agenda until public access to the meeting
via the call-in option or internet-based
service option is restored.
▪ Written/remote public comment must be
accepted until the point at which the
public comment period is formally closed;
registration/sign-up to provide/be
recognized to provide public comment
can only be closed when the public
comment period is formally closed.
ATTACHMENTS:
1. Resolution Regarding Remote Teleconference Meetings
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
REAUTHORIZING REMOTE TELECONFERENCE MEETINGS BY THE CITY
COUNCIL AND ALL BOARDS, COMMISSIONS, AND STANDING
COMMITTEES OF THE CITY IN ACCORDANCE WITH ASSEMBLY BILL 361
FOR A PERIOD OF THIRTY DAYS
WHEREAS, COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease that has spread across the globe, with thousands of confirmed cases in California, including the City of Madera; and
WHEREAS, on January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency based on the threat caused by COVID-19, and the President of the United States issued a Proclamation Declaring a National Emergency Concerning COVID-19 beginning March 1, 2020; and
WHEREAS, in response to COVID-19, the Governor of the State of California issued a Proclamation of a State of Emergency in response to COVID-19 on March 4, 2020; and WHEREAS, the City Council of the City of Madera adopted a proclamation of a local emergency related to the COVID-19 virus on March 16, 2020; and WHEREAS, the City of Madera (“City”) is committed to preserving and fostering public access, transparency, observation, and participation in meetings of the City Council and Boards, Commissions, and Standing Committees (hereafter collectively referred to as “legislative bodies;” and
WHEREAS, all meetings of the City Council and legislative bodies are open and public as required by the Ralph M. Brown Act, Government Code sections 54950 – 54963, so that any member of the public may attend, observe, and participate in a meaningful way; and WHEREAS, Government Section 54953 (b) (3) of the Brown Act allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met:
1. Each teleconference location from which a member is participating is noticed on the agenda;
2. Each teleconference location is accessible to the public;
3. Members of the public must be able to address the body at each teleconference location;
4. At least one member of the legislative body must be physically present at the location specified in the meeting agenda; and
5. During teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body’s territorial jurisdiction; and 54953(e) et seq., allows for remote observation and participation in meetings by members of a legislative body and members of the public without compliance with the requirements of Government Code section 54953(b)(3), subject to certain conditions; and
WHEREAS, the initial required condition is a declaration of a state of emergency by the Governor pursuant to the California Emergency Services Act at 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 and within the boundaries of the City, caused by conditions as described in Government Code section 8558; and
WHEREAS, the Governor’s Proclamation of a State of Emergency includes area within the jurisdictional boundaries of the City; and
WHEREAS, Government Code Section 54953(e)(3)(A-B) added by AB 361 provides an alternative to having public meetings in accordance with Government Code Section 54953(b)(3) when City Council has reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:
1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s Boards, Commissions, and Standing Committees to meet safely in person; and
2. The State of California and the County of Madera continue to recommend measures to promote social distancing.
WHEREAS, Government Code Section 54953(e) et seq. further requires that state or local officials have imposed or recommended measures to promote social distancing or the legislative body finds that meeting in person would present an imminent risk to the health or safety of attendees; and
WHEREAS, such conditions now exist in the City in that (i) State and Local officials recommend social distancing measures and (ii) emergency conditions evidenced by COVID-19 and its variants create ongoing COVID-19 cases, hospitalizations, and deaths and meeting in person would present imminent risk to health or safety of attendees; and WHEREAS, the City Council affirms that it will allow for observation and participation by Council Members as well as Board, Commission, and Standing Committee Members and the public via Zoom in an effort to protect the constitutional and statutory rights of all attendees; and
WHEREAS, Government Code Section 54953 (e)(3) requires that the City Council review the need and make findings for continuing the teleconferencing as authorized by AB 361 at least once every thirty days until the Governor terminates the state of emergency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY RESOLVES AS FOLLOWS:
Section 1. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. The City Council finds that the state of emergency conditions related to COVID- 19 as set forth in the Governor’s and City’s Proclamations of Emergency and are ongoing.
Section 3. The City Council further finds that state and county official recommend social distancing conditions causing imminent risk to attendees as described above exist.
Section 4. The City Council hereby recognizes and affirms the existence and conditions of a state of emergency as proclaimed by the Governor and the City in the City and affirms, authorizes, and proclaims the existence of a local emergency throughout the City.
Section 5. The City Council finds that the state of emergency as a result of COVID-19 continues to directly impact the ability of members of the City Council and the members of the City’s Boards, Commissions, and standing committees to meet safely in person and such fact creates an imminent health risk to such members.
Section 6. The City Council hereby authorizes the City Council and all of the Boards, Commissions, and Standing Committees of City to conduct their meetings without compliance with Government Code section 54953(b)(3), and to instead comply with the remote meeting requirements as authorized by Government Code section 54953(e) et seq.
Section 7. The City Manager and City Clerk are authorized and directed to take all actions reasonably necessary to carry out the intent and purpose of this Resolution, including, conducting open and public meetings remotely in accordance with Government Code section 54953(e) et seq., and other applicable provisions of the Brown Act, for all City Council meetings, and all Boards, Commissions, and standing committee meetings of the City.
Section 8. This Resolution shall take effect immediately upon its adoption and shall be effective until either (i) May 18, 2022 or (ii) 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 City Council and all City legislative bodies may continue to meet remotely, without compliance with Government Code section 54953(b)(3), but otherwise as permitted by Government Code section 54953(e) et seq.
* * *