14-D
TO: Honorable Mayor and Members of the City Council
FROM: Jeffrey L. Stewart, City Manager
SUBJECT: Consideration and possible action to adopt Resolution No. 22-8 – A Resolution extending the existence of a local emergency and authorizing hybrid public meetings via teleconferencing.
DATE: February 14, 2022
EXECUTIVE SUMMARY
On March 17, 2020, the City Council adopted Resolution No. 20-09 which confirmed the existence of a local emergency related to the COVID-19 Pandemic (the “COVID-19 Pandemic”). Pursuant to Resolution No. 20-09 and the Bellflower Municipal Code (“BMC”), the City Manager implemented certain emergency policies and procedures (“EP&P”) to protect public health and safety. On April 6, 2020, May 26, 2020, June 22, 2020, August 8, 2020, January 11, 2021, June 14, 2021, June 28, 2021 , September 27, 2021, October 25, 2021, November 22, 2021, December 13, 2021, and January 13, 2022. The City Council adopted Resolution No. 20-14, Resolution No. 20-21, Resolution No. 20-34, Resolution No. 20-48, Resolution No. 21-01, Resolution No. 21-40, Resolution No. 21-43, Resolution No. 21-57, Resolution No. 21-60, Resolution No. 21-64, Resolution No. 21-67 and Resolution No. 22-3, which all extended the existence of the local emergency.
On September 16, 2021, Assembly Bill No. 361 took effect which (among other things) amends certain provisions of the Ralph M. Brown Act governing open meetings and imposes a requirement to consider teleconferencing of meetings every 30 days.
Government Code § 54953(e) allows the City to continue utilizing teleconferencing (which includes internet-based video conferencing) to conduct public meetings under certain circumstances. Furthermore, the Governor signed Executive Order No. N-21-21 on November 10, 2021, which extended the statewide emergency through March 31, 2022.
The purpose of Resolution No. 22-8 is to continue authorization for hybrid public meetings via teleconferencing, as allowed under AB 361.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 22-8; or
2) Alternatively, discuss and take other action related to this item.
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Staff Report – Resolution No. 22-8
February 14, 2022
CEQA (California Environmental Quality Act):
The Resolution itself and the actions anticipated by the Resolution were reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”). Based upon that review, this action is exempt from further review pursuant to CEQA Guidelines § 15269(a) because the protection of public and private property is necessary to maintain service essential to the public, health and welfare.1
FISCAL IMPACT
Unknown at this time. The City Manager’s office will provide a report when more information is available.
ATTACHMENT
Resolution No. 22-8….…………………………..……………………………………………3
1 CEQA findings regarding an anticipated imminent emergency are valid (see CalBeach Advocates v. City of Solana Beach (2002) 103 Cal.App.4th 529). -2-
CITY OF BELLFLOWER
RESOLUTION NO. 22-8
A RESOLUTION EXTENDING THE EXISTENCE OF A LOCAL
EMERGENCY AND AUTHORIZING HYBRID PUBLIC MEETINGS VIA
TELECONFERENCING
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds as follows:
A. On March 17, 2020, the City Council adopted Resolution No. 20-09 which confirmed the existence of a local emergency related to the COVID -19 Pandemic (the “COVID-19 Pandemic”). Section 4 of Resolution No. 20-09 authorizes the City Manager to undertake all a ctions needed to preserve public health and safety in accordance with applicable law.
B. The Governor’s March 4, 2020 Proclamation of Emergency (see paragraph 8) suspended the reporting and extension requirements of Government Code § 8630 for the duration of the COVID-19 Pandemic.
C. Notwithstanding the Governor’s Proclamation of Emergency, however, the City Council regularly reviewed and ratified actions undertaken by the City Manager when exercising his emergency powers. Accordingly, the City Council adopted a series of resolutions ratifying the City Manager’s actions and extending the existence of a local emergency prompted by the COVID-19 Pandemic.
D. Effective September 16, 2021, Assembly Bill No. 361 took effect which (among other things) amends certain provisions of the Ralph M. Brown Act governing open meetings and imposes a requirement to consider teleconferencing of meetings every 30 days.
E. Effective November 10, 2021, the Governor extended the statewide COVID-19 emergency until March 31, 2022 (via Executive Order N-21-21).
F. Government Code § 54953(e) allows the City to continue utilizing teleconferencing (which includes internet based video conferencing) to conduct public meetings under certain circumstances.
SECTION 2. Continuation of Local Emergency. The City Council reviewed the state of the community and continues to extend the COVID-19 Pandemic emergency.
Based upon the extension of the Statewide emergency until March 31, 2022 (see Executive Order No. N-21-21, executed November 10, 2021) and verbal and written reports of the City Manager regarding the COVID-19 Pandemic, the City Council is satisfied that the local emergency will continue until at least March 31, 2022.
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City of Bellflower
Resolution No. 22-8
SECTION 3. Teleconferencing.
A. Pursuant to Government Code § 54953(e), the City Council finds as follows:
1. The state of California continues to be in a declared state of emergency pursuant to Government Code § 8625 (the California Emergency Services Act; see Government Code § 54953(e)(3); see also Governor’s Proclamation dated March 4, 2020 and Executive Order N-21-21 dated November 10, 2021)); and
2. Based upon the recommendations of the City Manager, along with the most recent Order of the Health Officer for County of Los Angeles Department of Public Health (dated January 10, 2022 and effective January 11, 2022), masks and social distancing continue to be necessary to curb the spread of the COVID-19 virus (Government Code § 54953(e)(3)(B)(ii)).
B. Accordingly, to protect public health and safety the City Council finds that it is in the public interest to conduct public meetings of its legislative bodies as follows:
1. Members of the legislative bodies may appear in person at regular and special meetings;
2. Public officials, designated by the City Manager, may attend such public meetings if presenting matters to the legislative body; and
3. All members of the public may access the public meeting via teleconference, as defined by Government Code § 54953.
C. The City will adhere to all requirements of Government Code § 54953 governing teleconferencing during the emergency including, without limitation, posting agendas; allowing for real-time public comment via either call-in or internet-based; allowing for written communications that will be either read or summarized into the record during the meeting as determined by the City Council; and protecting the statutory and constitutional rights of all persons appearing before the legislative body. No physical location will be provided for persons wishing to provide real-time public comment.
SECTION 4. Reporting. Every 30 days following adoption of this Resolution, the City Council will reconsider the extension of the teleconferencing method of public meetings in accordance with Government Code § 54953(e)(3). Such determinations may take the form of a minute order and be placed on the consent calendar.
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City of Bellflower
Resolution No. 22-8
SECTION 5. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 6. Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Bellflower and the City Clerk, or her duly appointed deputy, may attest thereto.
SECTION 7. Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 14TH DAY OF FEBRUARY 2022.
_________________________
Ray Dunton, Mayor
ATTEST:
_________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_________________________
Karl H. Berger, City Attorney
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