AGENDA
Garden Grove City
Council
Tuesday, January 11,
2022
6:00 PM
Meeting conducted
Telephonically - Public
attendance at 11300
Stanford Avenue, Garden
Grove, CA 92840, or by
phone at 669-900-6833
ID 82625559715 - further
instructions at
https://ggcity.org/city-
council/meetings-
participation
Steve Jones
Mayor
Diedre Thu-Ha Nguyen
Mayor Pro Tem - District 3
George S. Brietigam
Council Member - District 1
John R. O'Neill
Council Member - District 2
Patrick Phat Bui
Council Member - District 4
Stephanie Klopfenstein
Council Member - District 5
Kim B. Nguyen
Council Member - District 6
CLOSED SESSION
6:00 PM
ROLL CALL:
COUNCIL MEMBER BRIETIGAM, COUNCIL MEMBER O'NEILL, COUNCIL MEMBER BUI, COUNCIL MEMBER KLOPFENSTEIN, COUNCIL MEMBER K.
NGUYEN, MAYOR PRO TEM D. NGUYEN , MAYOR JONES
1. Oral Communications
2. Adoption of a Resolution making specified findings relating to the use of teleconferencing for the City's legislative bodies meetings including City Council, Commissions, Committees, and Boards in accordance with AB 361 and Government Code 54953(e). ( Action Item)
3. Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9(d)(1): Silvino Briceno, et al vs. Garden Grove, et al, OCSC Case No. 30-2021-01229854
4. Adjournment
GARDEN GROVE
Agenda Item - 2.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Scott C. Stiles From: Omar Sandoval
Dept.: City Manager Dept.: General Counsel
Subject: Adoption of a Resolution making
specified findings relating to the
use of teleconferencing for the
City's legislative bodies meetings
including City Council,
Commissions, Committees, and
Boards in accordance with AB
361 and Government Code
54953(e). (Action Item)
Date: 1/11/2022
OBJECTIVE
For the City Council to consider the adoption of a resolution making findings in support of holding its meetings via teleconferencing in order to protect against the spread of COVID-19.
BACKGROUND
The Brown Act requires that all meetings of the Council and the City’s other legislative bodies, including the City’s Commissions and Committees, be open and public. Government Code 54953(b) authorizes teleconferencing of public meetings provided that a quorum of each legislative body is present in person and that each member teleconferencing post an agenda and allow public testimony at each teleconferencing location.
On September 16, 2021, Governor Newsom signed into law Assembly Bill (“AB”) 361, an urgency measure which added subsection (e) to Government Code section 54953 and makes provision for remote teleconferencing participation in public meetings by all or a majority of members of a legislative body, without compliance with the requirements of Government Code section 54953(b), subject to the existence of certain conditions.
DISCUSSION
AB 361 requires that the Governor first declare a state of emergency. On March 4, 2020, Governor Newsom declared a State of Emergency in the State of California because of the threat of the Coronavirus (COVID-19) pandemic, and the State of Emergency is still in effect.
In addition, AB 361 authorizes the use teleconferencing with all or a majority of the members of a legislative body participating remotely during a proclaimed state of emergency when local officials have imposed or recommended social distancing measures. Alternatively, the Council can hold a meeting during a proclaimed state of emergency to determine, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. The Council must make the findings of an imminent risk to the health or safety of attendees every 30 days in order to continue to hold meetings via teleconference.
The attached Resolution makes the findings required by AB 361 to support teleconferencing of
The attached Resolution makes the findings required by AB 361 to support teleconferencing of public meetings of the City Council and the City’s Commissions and Committees.
FINANCIAL IMPACT
None.
RECOMMENDATION
It is recommended that the City Council:
Adopt the attached Resolution making specified findings relating to the use of teleconferencing for meetings of the City Council and Commissions, Committees, and Boards in accordance with AB 361 and Government Code 54953(e).
ATTACHMENTS:
Description Upload
Date Type File Name
Resolution 1/4/2022 Resolution GG_Resolution_Making_AB_361_Findings_Supporting_Teleconferencing_for_Public_Meetings.DOCX
•
1651962.1
RESOLUTION NO. _____-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GARDEN GROVE, CALIFO RNIA, MAKING
SPECIFIED FINDINGS R ELATING TO THE USE O F
TELECONFERENCING FOR MEETINGS OF THE CITY
COUNCIL, COMMISSIONS, COMMITTEES AND BOARDS
IN ACCORDANCE WITH A SSEMBLY BILL 361 AND
GOVERNMENT CODE SECTION 54953(E).
THE CITY COUNCIL OF THE CITY OF GARDEN GROVE FINDS AS
FOLLOWS:
WHEREAS, the City Council , Commissions and Comm ittees hold regular and special public meetings pursuant to the Ralph M. Brown Act (the “Brown Act”), Government Code section 54950, et seq.
WHEREAS, pursuant to Government Code section 54953(b)(3), the Brown Act permits members of legislative bodies to t eleconference into public meetings subject to certain conditions, including that the place from which a member teleconferences be open to the public, that an agenda be posted on the site, and that the teleconference location be noticed in the agenda.
WHEREAS, on September 16, 2021 Governor Newsom signed into law Assembly Bill (“AB”) 361, an urgency measure which added subsection (e) to Government Code section 54953 and makes provision 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.
WHEREAS, a required condition of AB 361 is that a state of emergency is declared by the Governor pursuant to Government Code section 8625.
WHEREAS, on March 4, 2020 Governor Newsom declared a State of Emergency in the State of California pursuant to Government Code section 8625 as a result of the threat of the Coronavirus (COVID-19) pandemic, and the State of Emergency is still in effect.
WHEREAS, sustained COVID-19 community transmission continues to occur in Orange County and within the City’s jurisdiction, and various state and local officials continue to recommend measures to promote social distancing to pro tect public health and safety and minimize community transmission of COVID-19.
WHEREAS, notwithstanding that prior to September 16, 2021, the City Council and the City’s various Commissions , Committees and Boards were holding public meetings in person, the Omicron variant of COVID-19 is currently spreading and causing widespread transmission of COVID-19 and there may be situations in the future in which a member of the City Council , a Commission, Committee or Board, decides not to attend in person due to a particular health or safety risk posed by such attendance and as such, it is the Council’s desire to permit members of
Garden Grove City Council
Resolution No. 9666-20
1651962.1
the City Council and its Commissions and Committees to attend by way of teleconference pursuant to Assembly Bill 361 due to health and safety concerns associated with COVID-19.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF GARDEN
GROVE DOES HEREBY DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
1. The Recitals above are hereby incorporated as the findings of the City Council herein.
2. The City Council has considered the circumstances of the proclaimed State of Emergency in California and has determined that (a) at the time this Resolution was adopted, state and local officials continue to recommend measures to promote social distancing and (b ) that, as a result of the State of Emergency in California due to the COVID -19 pandemic, and its continued spread in Orange County and within the City’s jurisdiction, meeting in person would pose an imminent risk to the health and safety of attendees.
3. That during the effective period of this Resolution and any reaffirmation thereof, members of the City Council and the City’s Commissions , Committees and Boards may participate in meetings subject to the Brown Act by way of teleconference in accordance with Assembly Bill 361 and Government Code section 54953(e).
4. The City Manager is 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.
5. This Resolution shall take effect immediately upon its adoption and shall be effective until such time as the City Council adopts a subsequent resolution in accorda nce with Government Code Section 54953(e)(3) to extend the time during which the City Council and the City’s Commissions and Committees may continue to hold virtual or teleconferenced meetings without complying with Government Code Section 54953(b)(3).