LIFORN
SPECIAL MEETING
AGENDA
Victor P. Lopez, Mayor
Diana Guerra Silva, Mayor Pro Tem Josie Cervantes, Council Member Roy Rodriguez, Council Member Esperanza Rodriguez, Council Member Orange Cove Council Meeting
WEDNESDAY, NOVEMBER 2, 2022 - 5:30 P.M.
SENIOR CENTER
699 6th Street, Orange Cove, California 93646
LIVE MEETING
AND
TELECONFERENCE
(720)740-9780
A. Call to Order/Welcome
Roll Call
Invocation
Flag Salute
B. Confirmation of Agenda
C. Administration:
SUBJECT: SUBJECT: Resolution regarding Teleconference Council Meeting
Recommendation: Council to approve the Teleconference Council Meeting Resolution No. 2022-55
1 D. Public Forum
Members of the public wishing to address the City Council on an item that is not on the agenda may do so now. No action will be taken by the City Council this evening. But items presented may be referred to the City Manager for follow up and a report. In order to allow time for all comments, each individual is limited to three minutes. When addressing the Council, you are requested to come forward to the speaker's microphone, state your name and address, and then proceed with your comments.
City Manager's Report
F. City Attorney's Report
G. City Council Communications
H. Closed Session:
Conference with legal counsel—anticipated litigation: significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) (1 case)
3. Government Code Section 54956.8
Conference with Real Property Negotiator
Property: APN 378-200-22T & 378-200-84T
Property: APN 375-040-36T
City Negotiator: Interim City Manager, Rudy Hernandez
Negotiating Parties: Universal Properties
Under Negotiation: Price and Terms of Payment
Closed Session pursuant to Government Code Section 54957(b)(1):
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Interim City Manager
5. Closed Session pursuant to Government Code Section 54957(b)(1):
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
I. Reconvene Council Meeting
J. Adjournment
ADA Notice: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (559) 626-4488 ext. 214. Notification 48 hours prior to the meeting will enable the city to make arrangements to ensure accessibility to this meeting.
2 Documents: Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at front counter at City Hall and at the Orange Cove Library located at 815 Park Blvd., Orange Cove, CA during normal business hours. In addition, most documents are posted on City's website at cityoforangecove.com.
STATEMENT ON RULES OF DECORUM AND ENFORCEMENT
The Brown Act provides that members of the public have a right to attend public meetings, to provide public comment on action items and under the public forum section of the agenda, and to criticize the policies, procedures, or services of the city or of the acts or omissions of the city council. The Brown Act also provides that the City Council has the right to exclude all persons who willfully cause a disruption of a meeting so that it cannot be conducted in an orderly fashion.
During a meeting of the Orange Cove City Council, there is a need for civility and expedition in the carrying out of public business in order to ensure that the public has a full opportunity to be heard and that the Council has an opportunity to conduct business in an orderly manner. The following is provided to place everyone on notice of the rules of decorum and enforcement.
GENERAL RULES OF DECORUM
While any meeting of the City Council is in session, the following rules of decorum shall be observed:
1. All remarks shall be addressed to the City Council as a whole and not to any single member, unless in response to a question from a member of the City Council.
2. A person who addresses the City Council under public comment for a specific agenda item or under the Public Forum section of the agenda may not engage in speech or conduct (i) which is likely to provoke others to violent or riotous behavior, (i) which disturbs the peace of the meeting by loud and unreasonable noise, (iii) which is irrelevant or repetitive, or (iv) which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting.
3. A person, other than members of the Council and the person, who has the floor, shall not be permitted to enter into the discussion unless requested by the mayor to speak.
4. Members of the City Council may not interrupt a person who has the floor and is making public comments. Members of the City Council shall wait until a person completes his or her public comments before asking questions or commenting. The mayor shall then ask Councilmembers if they have comments or questions.
5. No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, stamping of feet or other acts which disturb, disrupt or otherwise impede the orderly conduct of any Council meeting.
3 ENFORCEMENT OF DECORUM RULES
(Resolution No. 2012-16)
While the City Council is in session, all persons must preserve order and decorum. A person who addresses the city council under public comment for a specific agenda item or under the Public Forum section of the agenda may not engage in speech or conduct which is likely to provoke others to violent or riotous behavior, which disturbs the peace of the meeting by loud and unreasonable noise, which is irrelevant or repetitive, or which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting.
The mayor or other presiding officer shall request that a person who is breaching the rules of decorum cease such conduct. If after receiving such a warning, the person persists in breaching the rules of decorum, the mayor or other presiding officer may order the person to leave the City Council meeting. If such person does not leave, the mayor or presiding officer may request any law enforcement officer who is on duty at the meeting as sergeant-at-arms to remove the person from the Council Chambers. In the event there is no one from law enforcement present, the mayor or presiding officer may direct the City Manager to contact law enforcement.
In accordance with the Point of Order Rule 4.6, the majority of the Council may overrule the mayor if the majority of the Council believes the mayor or other presiding officer is not applying the rules of decorum appropriately.
RESOLUTION 2022-55
A RESOLUTION OF THE CITY COUNCIL OF CITY OF ORANGE COVE, CALIFORNIA
PROCLAIMING A LOCAL EMERGENCY, RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND AUTHORIZING
REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF ORANGE COVE PURSUANT TO GOVERNMENT CODE SECTION 54953(e)(3).
WHEREAS, the City of Orange Cove is committed to preserving and nurturing public access and participation in meetings of the City Council; and WHEREAS, all meetings of the City of Orange Cove's legislative bodies are open and participate, and watcy the Rays legislative adies othat their busine ost he public may attend, 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 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 of Orange Cove, specifically, Governor Gavin Newsom declared a state of emergency regarding the COVID-19 pandemic on March 4, 2020, which is still in effect; and
WHEREAS, state and local officials have imposed and recommended social distancing measures in the City of Orange Cove, and with the COVID-19 pandemic still surging meeting in person would present imminent risk to health and safety of attendees; and WHEREAS, as a consequence of the local emergency, the City Council does hereby find that the legislative bodies of the City of Orange Cove shall conduct their meetings without authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953.
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NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orange Cove hereby resolve as follows:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Proclamation of Local Emergency. The City Council hereby proclaims that a local emergency now exists throughout the City, and local and state orders impose and recommenc social distancing in the City of Orange Cove, and with the COVID-19 pandemic still surging meeting in person would present imminent risk to health and safety of attendees.
Section 3. Ratification of Governor's Proclamation of a State of Emergency. 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.
Section 4. Remote Teleconference Meetings. The staff and legislative bodies of the City of Orange Cove are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
Section 5. Effective Date of Resolution. This Resolution shall take effect immediately upon its doption and shall be effective until the earlier of (i) 30 days from the adoption of this Resolutior r (i) such time the City Council adopts a subsequent resolution in accordance with Governmer Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Orange Cove may continue to teleconference without compliance with paragraph (3) of PASSED, ADOPTED AND APPROVED this 2nd day of November, 2022.
Victor P. Lopez, Mayor
City of Orange Cove
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
June V. Bracamontes, City Clerk
City of Orange Cove