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TO: Honorable Mayor and Members of the City Council
FROM: Jeffrey L. Stewart, City Manager
SUBJECT: Consideration and possible action to adopt Resolution No. 22-13 – A Resolution ratifying certain actions completed by the City Manager; extending the existence of a local emergency; and authorizing a return to in person City Council Meetings.
DATE: March 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, January 13, 2022, and February 14, 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, Resolution No. 22-3 and Resolution 22-8, which all extended the existence of the local emergency.
On September 16, 2021, Assembly Bill No. 361 took effect which (among other things) amended certain provisions of the Ralph M. Brown Act governing open meetings and imposed 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. Teleconferencing and the local emergency was last considered by the City Council at the February 14, 2022 regular City Council meeting.
On March 3, 2022, the Los Angeles County Department of Public Health issued a modified Health Officer Order to align with the February 28, 2022 State Public Health Officer Guidance on masking. The County’s Health Officer Order took effect Friday, March 4, 2022, which (among other things) states that masks are strongly recommended, but not required, for all persons, regardless of vaccine status, in other indoor public settings and businesses. However, the Health Officer Order also states: “In settings where masks are strongly recommended, businesses, venue operators, and hosts may choose to require masking, regardless of vaccination status, by patrons, visitors, attendees, and workers as a strategy to reduce the risk of transmission at their site(s).”
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Staff Report – Resolution No. 22-13
March 14, 2022
EXECUTIVE SUMMARY – Continued
The purpose of Resolution No. 22-13 is to:
1. Ratify certain actions completed by the City Manager, which includes modifying the indoor masking protocol at all City Facilities to align with the Los Angeles County Health Department’s Modified Health Officer Order, which went into effect Friday, March 4, 2022;
2. Extend the existence of the local emergency through March 31, 2022, based upon the extension of the Statewide emergency until March 31, 2022; and
3. Return to in person City Council meetings beginning March 28, 2022.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 22-13; or
2) Alternatively, discuss and take other action related to this item.
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. 22-13….…………………………..……………………………………………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. 22-13
A RESOLUTION RATIFYING CERTAIN ACTIONS COMPLETED BY THE CITY MANAGER; EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY; AND
AUTHORIZING A RETURN TO IN PERSON CITY COUNCIL MEETINGS
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 actions 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) amended certain provisions of the Ralph M. Brown Act governing open meetings and imposed 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.
G. Since the City Council last considered the ongoing COVID-19 Pandemic on February 14, 2022, directives from the State and County have been updated. In accordance with more lenient COVID-19 regulations governing masking, the City Manager updated indoor masking protocols for employees and visitors to City facilities.
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City of Bellflower
Resolution No. 22-13
H. Effective March 4, 2022, the Los Angeles County Department of Public Health issued a modified Health Officer Order to align with the February 28, 2022 State Public Health Officer Guidance on masking.
I. EP&P No. 12 attached as Exhibit “A”, and incorporated by reference (the “Administrative EP&P”), is adopted by this Resolution.
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.
SECTION 3. Return to In Person City Council Meetings. The City Council desires to return to in person City Council Meetings beginning March 28, 2022.
A. Accordingly, 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 attend the public meeting in the Council Chambers.
B. 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. 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 5. 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.
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City of Bellflower
Resolution No. 22-13
SECTION 6. 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 MARCH 2022.
_________________________
Ray Dunton, Mayor
ATTEST:
_________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_________________________
Karl H. Berger, City Attorney
ATTACHMENT:
EXHIBT A – Emergency Policy and Procedure (EP&P) No. 12 -5-
EMERGENCY POLICY AND PROCEDURE NO. 12
INDOOR MASKING PROTOCOL
COVID-19 EMERGENCY
I. Purpose
This emergency policy and procedure (“EP&P”) is adopted pursuant to Bellflower Municipal Code (“BMC”) § 2.20.060(A)(6)(a) and Resolution No. 20-09, adopted March 17, 2020; Resolution No. 20-14, adopted April 6, 2020; Resolution No. 20-21, adopted May 26, 2020; Resolution No. 20-34, adopted June 22, 2020; Resolution No. 20-48, adopted August 8, 2020, Resolution 21-01 adopted January 11, 2021, Resolution No. 21-40, adopted June 14, 2021; Resolution No. 21-43, adopted June 28, 2022; Resolution No. 21-57 adopted September 27, 2021; Resolution No. 21-60, adopted October 25, 2021; Resolution No. 21-64, adopted November 22, 2021; Resolution No. 21-67, adopted December 13, 2021; Resolution No. 22-3, adopted January 13, 2022; and Resolution No. 22-8, adopted February 14, 2022, extending the COVID-19 Emergency.
II. Explanation
This EP&P is intended to modify masking protocol at all indoor City Facilities to align with the Los Angeles County Department of Public Health’s Modified Health Officer Order, which went into effect Friday, March 4, 2022. The Modified County Health Officer Order was revised to align with the February 28, 2022 State Public Health Officer Guidance on Masking.
III. Masking Protocol for all City Employees, Contract Employees, and Customers/Visitors at indoor City Facilities
Masks are strongly recommended, but not required, for all persons, regardless of vaccine status.
Medical grade masks and respirators (e.g. N95s or KN95s) are available upon request for City Employees or Contract Employees who work indoors and in contact with other workers, customers, or members of the public. No person can be prevented from wearing a mask.
APPROVED:
Jeffrey L. Stewart, City Manager
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
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