r r I ì . r) I
S}IAFTE
336 Pacific c1'93263
Meeting Held In-Person and YiaZoom and Livstream on YouTube.
AGENDA
SPECIAL MEETING
SHAFTER CITY COUNCIL
TUESDAY, AUGUST 16, 2022
NOTICE TO THE PUBLIC:
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this øgenda will be made available in the City Clerk's Office during normal business hours at City Holl located qt 336 Pacffic Avenue, Shafter CA. In addition, such documents will be posted on the City's website at www.shafter.com.
TELECONFERENCE NOTICE
As emergency conditions persist in the City, specifically, a state of emergency remains in effect related to COVID-l9, community transmission of COVID-l9 in Kern County has rapidly increased from Low to High due to the highly contagious variants of COVID-l9, which has emerged, Kern County officials are imposing and recommending measures to promote social distancing, requires masking by all, regardless of vaccination status, in an effort to slow the continuously high trends in and level of transmission of COVID-l9 throughout the State and Kern County. The City Council determine that the presence of COVID-l9 and the increase of cases due to the COVID variants will continue to cause conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and has affirmed a local emergency exists and re-ratified the proclamation of state of emergency by the Governor of the State of California. In compliance with AB 361, Brown Act public meetings will be conducted utilizing ZoomVideo Communications.
Remote public participation is allowed in the following ways, please see attached supplement for instructions.
CALL TO ORDER: 6:00 p.m.
ROLL CALL: Mayor Prout
Mayor Pro Tem Givens
Council Member Alvarado
Council Member Espinoza
Council Member Lopez
APPROVAL OF'AGENDA:
1 Shafter City Council Agenda
August 16,2022
Page2
PUBLIC COMMENT:
This portion of the meeting is reservedfor persons wanting to address the Council only on matters listed on this agenda. Speakers are limited to five minutes unless additional time is needed for translation. Please state your name and address for the record before making your presentation.
MANAGEMENT REPORTS:
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE PROPOSED
BYLA\ilS AMENDMENTS: a request to discuss and determine a position on the presented bylaws amendments to be considered at the upcoming2}22 League of California Cities Annual Conference. (City Manager Gonzalez) ROLL CALL ADJOURNMENT:
Should anyone challenge any proposed action which is the subject of a public hearing listed on this agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Pursuant to the Americans with Disabilities Act, if you need special assistance to participate in a City Council Meeting, please contact the City Clerk at (661) 7 46-5000 prior to the meeting or time when special services are needed to allow City staff in making reasonable arrangements to provide you with access to the meeting. Any public record, relating to an open session agenda item, that is distributed within 24 hours prior to the meeting is available for public inspection in the City Clerk's Office at Shafter City Hall, 336 Pacific Ave., Shafter, CA 93263.
This is to certif'that this Agenda notice was posted atCity Hall and the Police Dept. by 5:00 p.m., August 15,2022. Yazmina Pallares. S/5, Ci|¡ Clerk
I I \ . t) I
5}IAFTE
Shafter City Council Agenda
August 16,2022
I
AGENDA SUPPLEMENT
SPECIAL MEETING
SHAFTER CITY COUNCIL
TUESDAY, JUNE 28,2022
THE AUGUST 16, 2022 N{EETING WILL BE CONDUCTED IN COMPLIANCE \ilITH AB 361
In order to minimize the spread of the COVID 19 virus, please do the following You are strongly encouraged to observe the City Council meetings live via YouTube http s ://www.youtube. coru/user/CitvofShafter/
If you wish to make a comment on a specific agenda item or public comment, please submit your comment via email by 12:00 P.M. on Tuesday. Aueust 16" 2022 to the City Clerk at [email protected]
If you wish to make a written comment to the City Clerk, 336 Pacific Avenue, Shafter, CA 93263.
If you wish to make a comment during the live meeting, callers must first register with the City Clerk at 661-746-5012 before the meeting begins to receive instructions and the callin number and code. Please call by 12:00pm on the day of the Council meeting to allow ample time for sign up. You will need to provide your name, phone number and the item number you wish to address.
All public comments are provided to the City Council and applicable Staff, for review and consideration by the Board prior to taking action on any matters listed on the agenda and are incorporated into the official record of the Council meeting. 2 a
J
4 5
The City of Shafter thanks you in advance for taking all precautions to prevent spreading the COVID 19 virus.
Shafter City Council Agenda
August 76,2022
336 Pacific Avenue, Shafter, CA93263
Meeting Held In-Person and YiaZoom and Livstream on YouTube
NOTICE OF
SPECIAL MEETING OF THE SHAFTER CITY COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of Shafter will be held on Tuesday, August 16,2022. The meeting will convene at 6:00 p.m., in the Council Chamber at Shafter City Hall, 336 Pacific Avenue, Shafter, California, and via teleconference and Livstream on YouTube. Said special meeting shall be for the following purpose:
MANAGEMENT REPORTS:
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE PROPOSED
BYLA\ryS AMENDMENTS: a request to discuss and determine a position on the presented bylaws amendments to be considered at the upcoming 2022League of California Cities Annual Conference. (City Manager Gonzalez) ROLL CALL Y azmina Pallares, City Clerk
Affidavit of Posting Special Meeting Notice
This is to certiff that this Special Meeting Notice was posted at City Hall and the Police Department by 6:00 p.m., August 15, 2022. Further information regarding this Agenda Notice is available at City Hall,336 Pacific Ave., Shafter, CA.
Yazmina Pallares, S/5, Citv Clerk Dated: August 15,2022 I
"ñ# City of Shafter
S}¡AFTER COUNCIL AGENDA REPORT
Meeting Date:
FROM:
August 16,2022
Gabriel A. Gonzalez, City Manager
Prepared By: Yazmina Pallares, City Clerk
SUBJECT LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE PROPOSED
BYLAWS AMENDMENTS
RECOMMENDATION
Council discuss and determine a position on the presented bylaws amendments to be considered at the upcoming 2022League of California Cities Annual Conference.
BACKGROUND
During a special board meeting on July 15, the League of California Cities Board of Directors approved proposed bylaws amendments to enhance Cal Cities' governance and effectuate technical changes. The proposed bylaws amendments will go before the General Assembly for a vote at the Annual Business meeting on September 9 during the Annual Conference and Expo in Sacramento. At least two-thirds of the General Assembly must vote in favor of the proposed bylaws amendments in order for them to take effect.
The attached Proposed Bylaws Amendments packet includes background information, a resolution for adopting the bylaws amendments, a summary of the proposed changes to the bylaws, and a full redlined version of the proposed changes to the bylaws. Specifically, the proposed bylaws amendments would accomplish the following:
1. Formalize oversight of the Resolutions Committee by establishing the Second Vice President as the chair of the committee, while retaining the President's authority to appoint the vice chair of the committee.
2. To ensure a more inclusive Nominating Commifiee, add one committee member appointed from among the Caucus Directors and one additional committee member appointed from among the At-Large Directors for a total of 13 committee members.
3. Clarifu that, unless the Board establishes otherwise, the Cal Cities President appoints the chair of Board-established committees.
4. To avoid confusion and clarifu orgarizational responsibilities, remove "Treasurer" from the title of the Second Vice President.
5. To promote consistency, replace the term "Board member(s)" with "Director(s)."
ATTACHMENTS
1. 2022 Arnual Conference General Assembly Bylaws Packet
MANAGEMENT REPORT
LEAGUE OF
CALIFORNIA
crTrEs
2022 Annuul ConJërence und Expo
PROPO SED BYLAWS AME]YDME]YTS
Generul Assembly
September 9, 2022
The findings and recommendations from the Governance Report were presented to the Board during the July 2021Board meeting. Following a robust exchange of ideas and input, the Board decided to move forward with many of the recommendations, referred other recommendations to a "to bs established" board subcommittee for further study, and deferred consideration of the remaining recommendations.
Following Board approval, in September 2021 during the Cal Cities Annual Conference and Expo, the General Assembly voted to approve the following bylaws amendments:
1. Adjust the composition of the Board to achieve a higher impact and be more representative by adding Director seats to the Board for each of the five Diversity Caucuseso and transitioning members of the National League of Cities Board from Cal Cities Directors to one non-voting advisor to the Cal Cities Board.
2. Recognize the Cal Cities Diversity Caucuses in the Cal Cities bylaws to reflect the full contribution the caucuses make to Cal Cities' mission and vision.
Those amendments became effective on Nov. 24,2021
Among the recommendations the Board decided was a priority to move forward was the establishment of a standing Governance Committee to assist the Board in fulfilling its governance function.
At its February 2022 meeting, the Board voted to approve Board policy establishing the Governance Committee with the task of regularly reviewing the governance structures, policies, and practices of Cal Cities and reporting its findings and recommendations to the Board. The Board also approved a one-year work plan for the Governance Committee that established priority governance issues to focus on in its first year.
Following the Board meeting, President Cindy Silva appointed the following Board members to serve on the Governance Committee:
. Cheryl Viegas Walker, Immediate Past President and Council Member, El Centro, Chair . Walt Allen, Council Member, Covina
. Jan Arbuckle, Vice Mayor, Grass Valley
. LaTanya Bellow, Deputy City Manager, Berkeley
. Pippin Dew, Council Member, Vallejo
. Lynne Kennedy, Mayor Pro Tem, Rancho Cucamonga
. Karen Goh, Mayor, Bakersfield
. Jim Lewis, City Manager, Pismo Beach
. Lisa Middleton, Mayor, Palm Springs
. John Minto, Mayor, Santee
. David Pollock, Council Member, Moorpark
2 Procedure for Amendins the Cal Cities Bvlaws
Amendments to the Cal Cities bylaws may be proposed by the Cal Cities Board and may be adopted: (a) by vote of the Cal Cities General Assembly, or (b) by mail ballot to Member Cities.a In this case, the amendments will be considered by the General Assembly. Bylaws amendments need to be approved by 2/3 of those voting,5 and the number that constitutes 213 of those voting (a) cannot be less than a majority of the voting delegates present if there is a quorum at the time the vote is taken;6 or (b) cannot be less than a majority of a quorum if the meeting started with a quorum but a quorum is not present when the vote is taken.T If approved by the General Assembly, the amendments to the bylaws will go into effect after the expiration of a 60-day protest period.s If, within 60 days after the adoption of the amendments, one-third or more of Member Cities submit a written protest against such amendments, the amendments are automatically suspended until the next Annual Conference and Expo, when they may be taken up again for reconsideration and vote.e If the amendments are approved by the General Assembly and no protest is lodged, the effective date of the bylaws amendments will be Nov.9,2022.
4 Article XVII, Section l.
5 Article XVII, Section 2.
6 Cal. Corp. Code7512, subd. (a).
7 Cal. Corp. Code7512, subd. (d).
8 Article XVII, section 6.
e Article XVII, section 7.
4 WHEREAS, the Cal Cities Board offers the following proposed amendments and additions to the bylaws, as set forth in the attached redlined version of the bylaws specified below, which is hereby incorporated by reference:
l. Amend Article VI, section 3(c) to designate the Second Vice-President as the Resolutions Committee chair, while retaining the President's authority to appoint the vice chair of the Resolutions Committee;
2. Amend Article VII, section 5(b) to adjust the composition of the Nominating Committee by adding one At-Large Director and one Caucus Director for a total of l3 Nominating Committee members;
3. Amend Article VII, Section l0(d) to provide that, unless the Board establishes otherwise, the Cal Cities President appoints the chair of board-established committees;
4. Replace the title "Second Vice-President/Treasurer" with "Second Vice President" in Article VII, sections 2(a),5(e), and 10(b); and Article VIII, sections l, 2(c), and 4;
5. Replace the term "board member(s)" with "Director(s)" in Article VII, sections 5(b), 5(e), and 8; Article XII, section 5(c); and Article XV, section 4; and now therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled during the Annual Conference in Long Beach on September 9,2022, that the proposed bylaws amendments are hereby approved and Cal Cities shall make the specifred amendments to the Cal Cities bylaws set forth in the attached redlined version of the bylaws.
See ATTACHMENT I for redline of proposed changes to the bylaws. 6 Bylaws for the
League of Galifornia Cities
Article Vl. Resolutions
Section 3: Resolutions Committee for Annual Conference Resolutions. (a) Resolutions Committee Gomposition. The Cal Cities President establishes a Resolutions Committee sixty days prior to each Annual Conference, which committee shall consist of:
(i) One elected officialfrom each regional division, appointed by the regional division;
(ii) One elected official from each policy committee, appointed by the policy committee;
(iii) One member from each functional department, appointed by the department;
(iv) One elected official from each caucus, appointed by the caucus; and (v) Up to ten additional members (at least five of whom are elected officials) as the Cal Cities President deems necessary to achieve geographic and population balance, as well as recognize the multiplicity of city functions not represented by the other appointments, including, but not limited to, the perspectives of board and commission members as well as professional staff.
(b) PresidentialAppointments. ln the event a regional division, policy committee, functional department, or caucus does not make its appointment to the Resolutions Committee, the Cal Cities President may make the appointment on the regional division's, policy committee's, functional department's, or caucus's behalf.
(c) Ghair. The Cal Cities President shall alse appeint te the Reselutiens irSecond Vice-President shall
serve as committee chair. The Cal Cities President shall also appoint to the Resolutions Committee a vice chair.
(d) Minimum Committee Size and Composition. ln the event the full committee is not in attendance at the Annual Conference, the Cal Cities President shall appoint a sufficient number of city officials in attendance to achieve a total of thirty. No less than two-thirds of the members of the Resolutions Committee shall be elected officials.
I
Section 5: Nomination Process.
(a) Timing. The Cal Cities President, with the concurrence of the Cal Cities Board, shall establish a nominating committee at the first Board meeting of the calendar year in which the election is to occur.
(b) Composition. The nominating committee shall be comprised of th i rtee n Eeard-membereD i recto rs. Th reeã#o n o m i n ati n g com m ittee members shall be At-Large Directors, an4one shall represent a functional department, and one shall repr . Regional divisions shall be represented on the nominating committee on the following rotating basis:
(¡) Even-Numbered Years: ln even-numbered years, the Central Valley, lmperial County, Monterey Bay, North Bay, Orange County, Redwood Empire, Sacramento Valley and San Diego County
Regional Divisions shall be represented on the nominating committee (¡¡) Odd-Numbered Years: ln odd-numbered years, the Channel Counties, lnland Empire, Desert-Mountain, East Bay, Los Angeles County, Peninsula, Riverside County, and South San Joaquin Regional Divisions shall be represented on the nominating committee (c) Nominating Committee Ghair. The Cal Cities President shall appoint the chair of the nominating committee.
(d) Gandidates for Positions lneligible. Candidates for officer and at-large positions on the Cal Cities Board are not eligible to serve on the nominating committee. ln the event a regionaldivision representative on the nominating committee wishes to be a candidate for an otficer or at-large position, the Cal Cities President will appoint a substitute nominating committee member from the same regional division, if available. lf one is not available, the President shall appoint a substitute from a nearby regional division. (e) Duties. The duties of the nominating committee are to:
(¡) Member Outreach. Publicize the qualifications for the offices of Second M€e-Vlge-p¡sside¡tltr€asu{€r and the at-large members of the Cal Cities Board to Cal Cities' Member Cities;
(ii) At-Large and Second Vice;President Recommendations. Make recommendations to the Cal Cities Board on the following year's Cal Cities officers and at-large @; and
(iii) President and First Vice President Recommendation.
Recommend whether the previous year's First Vice President 10 Section 10: Committees.
(a) General. The Cal Cities Board may establish committees to study city problems, advise on Cal Cities educational efforts, make recommendations with respect to Cal Cities advocacy efforts, or to engage in other appropriate Cal Cities service.
(b) Executive Gomm ittee.
(¡) Gomposition. The Executive Committee of the Cal Cities Board consists of the following: the Cal Cities President, First VicePresident, Second Vice-PresidentLtreasu+er, lmmediate Past President and Executive Director.
(ii) Authority. The Executive Committee has authority to act for the Cal Cities Board between Board meetings, provided that no action of the Executive Committee is binding on the Cal Cities Board unless authorized or approved by the Board.
(c) Standing Policy Committees.
(¡) Charge. Cal Cities shall have a series of standing policy committees, whose charge shall be to make recommendations to the Cal Cities Board on matters within the committees' jurisdiction, as well as fulfill other duties specified in these bylaws (see, for example, Article Vl, section 4(b)).
(¡¡) Membership. Each Cal Cities Policy Committee shall be comprised of the following:
Two members appointed by each regional division president; One member appointed by each functional department president; One member appointed by each caucus president;
No more than 16 members appointed by the Cal Cities President, to provide population and geographic balance, as well as expertise; and
Such representatives of affiliate organizations in the capacity authorized by the Cal Cities Board.
(iii) Feedback. Policy committees shall receive information on actions taken on committee recommendations and the reasons for those actions.
a
a
a
a
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Article Xll: Voting
Section 5: Mail Balloting.
ln addition to voting at Cal Cities meetings, Cal Cities may solicit member input by mail ballot.
(a) Mailing.to The question(s) to be voted upon, along with explanatory materials and a ballot, shall be mailed by first class mail to each Member City for consideration and action.
(b)Time Frame for Action. Member Cities shall have at least 45 days to cast their vote. Ballots shall be cast by returning the Member City's ballot to Cal Cities' principal office in Sacramento.
(c) Ballot Tabulation and Results Announcement. The Cal Cities President willappointacountingcommitteeofthree@tocount the votes cast by mail ballot. The counting committee will submit its count to the Cal Cities Board, which shall canvass the vote and announce the results (d) Functional Departments, Regional Divisions, and Gaucuses.
Departments, divisions, and caucuses may also use mail balloting under procedures specified in their respective bylaws.
Article XV: Prohibited Transactions
Section 4: Ethical Considerations
These restrictions, of course, represent the floor, not the ceiling, for ethical conduct as a Cal Cities @ or policy committee member. lf a bea+d
memberÐl¡gglgl or policy committee member believes that there are circumstances under which Cal Cities' members might reasonably question the bea+d @orpolicycommitteemember'sabilitytoactsolelyinthebest
interests of Cal Cities and its member cities, the prudent course is to abstain. As an example,typicallyCalCities@haveabstainedfromparticipating in decisions on legislation that would affect organizations for which they work. Another example is legislation that would uniquely benefit a beard merRber'sDirector's city.
Policy committee members should also consider abstaining in similar circumstances. 10 The Administrative Services Committee recommends Cal Cities also include notice of the upcom¡ng ballot in a variety of Cal C¡ties commun¡cations to alert Member C¡ties to mâke inquiry in the event a city's ballot is lost in the mail. 14