Staff Report — Simi Valley City Council, November 7, 2022

AGENDA ITEM NO.

Consent (9)
C

ITY OF SIMI VALLEY

MEMORANDUM
N
ovember 7, 2022
TO: City Council
F
ROM: Office of the City Manager
S
UBJECT: CONSIDERATION OF A RESOLUTION CONFIRMING AND RENEWING

THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY

AND CONSIDERATION OF A RESOLUTION IMPLEMENTING THE
PROVISIONS OF AB 361

STAFF RECOMMENDATION
I
t is recommended that the City Council adopt Resolution No. 2022- 60 (page 4) confirming and renewing the existence of a local emergency and Resolution No. 2022-61 (page 7) for continued implemention of the provisions of AB 361.

BACKGROUND AND OVERVIEW
O
n March 12, 2020, the County of Ventura Public Health Department declared a local he alth emergency in response to increased spread of novel coronavirus (COVID-19) across the country. Subsequently, on March 13, 2020, the Director of Emergency Services/City Manager declared the existence of a local emergency.

Such local emergency was conf irmed by the City Council on March 16, 2020, through the adoption of Resolution No. 2020 -19. Since that time, COVID -19 has adversely affected Ventura County and the Simi Valley community. The Governor has announced that the California State of Emergency will end on February 28, 2023.

FINDINGS AND ALTERNATIVES
T
he COVID-19 outbreak caused serious disruption to the public’s activities, including sustained impacts to the public health, education, and economy of California and the United States. In early s ummer 2021, the virus appeared to be abating and as a result many goverments removed or severely cut back on restr ictions put in place to keep the public safe.

In V
entura County, as of October 31, 2022, a total of 632,095 persons are vaccinated, which represents 74% of the population who have completed an initial COVID-19 Vaccine series. Of the vaccinated population, approximately 62,343 persons have tested positive for COVID-19 and are breakthrough cases.
2 G
iven the State of California continues its existence of a State emergency, staff recommends the City Council adopt a resolution confirming and renewing the existence of a local emergency . This keeps the City eligible for any future cost reimbursements from the State or Federal government. The Governor has announced that he will end the California State of Emergency on February 28, 2023, effectively ending the City’s state of emergency.

A
dditionally, as a result of the last years’ legislative session, the Governor signed AB 361.

AB 361 authorizes local agencies to continue meeting remotely without following the Brown Act’s usual teleconferencing provisions, if the meeting is held during a state of emergency proclaimed by the Governor and either of the following applies: (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body has already determined or is determining whether - as a result of the emergency - meeting in person would present imminent risks to the health or safety of attendees.

F
urther, AB 361 adds new procedures and clarifies the requirements for conducting remote meetings, including the following:
• P
ublic Comment Opportunities in Real Time: A legislative body that meets remotely pursuant to AB 361 must allow members of the public to access the meeting via a call-in option or an internet-based service option, and the agenda for the remote meeting must provide an opportunity for members of the public to directly address the body in real time. A legislative body cannot require public comments to be submitted in advance of the meeting or that public speakers need to pre-register.
• N
o Action During Disruptions: In the event of a disruption that prevents the local agency from broadcasting the remote meeting, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call -in option or internet -based service option, AB 361 prohibits the legislative body from taking any further action on items appearing on the meeting agenda until public access to the meeting via the call -in or internet - based options is restored.

I
n order to implement the provisions of AB 361 and have the “remote” option available should circumstances arise , staff recommends the City Council adopt a resolution as required by the legislation.

S
taff has prepared Resolution No. 2022-60 confirming and renewing the existence of a local emergency. Knowing the end of the California State of Emergency, staff has modified the Resolution to have the City’s state of emergency end on February 28, 2023, unless it is concluded earlier. Additionally, staff has prepared Resolution No. 2022-61 for the implementation of AB 361.
3 The
following alternatives are available to the City Council:

1. Adop
t Resolution No. 2022-60 confirming and renewing the proclamation of the existence of a local emergency;

2. Adop
t Resolution No. 2022-61 implementing the provisions of AB 361;

3. Do not
adopt the attached Resolutions, and provide alternative direction to staff;

4. Prov
ide alternative direction to staff.

Staff recommends Alternative Nos. 1 and 2.

SUGGESTED CITY COUNCIL MOTION
I move to adopt Resolution No. 2022-60 confirming and renewing the existence of a local emergency and Resolution No. 2022-61 implementing the provisions of AB 361.

SUMMARY
On March 12, 2020 , the County of Ventura Public Health Department (“Public Health”) declared a local health emergency (“LHE”) in response to increased spread of novel coronavirus (COVID-19) across the country. A Resolution proclaiming a local emergency as approved by the City Council on March 16, 2020, which also provides certain powers and immunities to the City that will assist in addressing the COVID -19 emergency.

Legislation continues to require a revised resolution be adopted to continue the local emergency and allow for remote meetings. Staff recommends the City Council adopt a Resolution No. 2022-60 confirming and renewing the ex istence of a local emergenc y and Resolution No. 2022-61 implementing the provisions of AB 361. ______
___________________
Brian Paul Gabler
City Manager
INDEX Page
Res
olution No. 2022-60 – Continuing Emergency.……………………………….4 Resolution No. 2022-61 – Allowing for Remote Meetings.. ……………………. .7 RESOLUTION NO. 2022-60

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY CONFIRMING AND RENEWING THE

PROCLAMATION OF THE EXISTENCE OF A LOCAL

EMERGENCY
W HEREAS, Pursuant to California Government Code a meeting of the City Council of the City of Simi Valley was properly noticed and convened; and, WHEREAS, California Government Code Section 8630 empowers the City Council to proclaim the existence or threatened existence of a Local Emergency when the City is affected or likely to be affected by a public calamity; and, W
HEREAS, Government Code Section 8634 empowers the City Council to promulgate orders and regulations to provide for the protection of life and property; and, W
HEREAS, the Governor of the State of California, on March 4, 2020, by Executive Order, proclaimed the existence of a State of Emergency; and W
HEREAS, pursuant to Section 4-5.01, et seq. of the Simi Valley’s Municipal Code, the Director of Emergency Services (“DES”) declared the existence of a Local Emergency, and requested that the City ratify and proclaim the same; and, W
HEREAS, the City Council, on March 16, 2020, in a Special Meeting, ratified the DES’s declaration of a Local Emergency; and
W
HEREAS, the aforesaid and existing conditions of extreme peril warr ant and necessitate the confirmation and renewal of the proclamation of the existence of a Local Emergency; and
W
HEREAS, the California Governor has announced that the California State of Emergency will end on February 28, 2023.

W, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:

SEC
TION 1. The City Council of the City of Simi Valley hereby confirms and renews the proclamation of the continuous existence of a local state of emergency in the City of Simi Valley, pursuant to California Government Code Section 8630 and all other applicable law.

S
ECTION 2. During the existence of this Local Emergency, the powers, functions and duties of the Director of Emergency Serv ices shall be those prescribed by state law, by the existing ordinances and resolutions of the City of Simi Valley , this 4 RES. NO. 2022-60
resolution and any subsequent emergency orders of the City Council, and any other local, state or federal laws providing powers, immunities or duties in such emergency.

SECTION 3. During the existence of said Local Emergency, City shall follow and impose all directives, mandates, Executive Orders and any other emergency related restrictions issued by the State of California and/or the County of Ventura, including social distancing and other preventative measures . The DES may impose more stringent requirements consistent with law.

SECTION 4
. As recommended or required by the Public Health Officer of the County of Ventura and/or State of California, all binding directives of the County and the State related to COVID-19 shall be respected.

SECTION 5 . To the extent permitted by law, City goods and services procurement requirements are stayed during this Local Emergency, as necessar y to procure and respond to the Local Emergency, and the Director of Emergency Services is empowered to exercise all powers granted by any local, state or federal emergency laws, rules and regulations, and such procurements made by the DES are hereby ratified.

SECTION 6
. Water service will not be shut off due to lack of payment during the duration of this Local Emergency, unless further specified by the DES in writing. In addition, late fees, penalties and associated service fees due to lack of payment will be waived, unless as further specified by the DES in writing.

SECTION 7
. To the extent permitted by law, this declaration of a Local Emergency is intended to satisfy any local, state or federal law or regulation requiring such a declaration as a prerequisite or requirement for mutual assistance, reimbursement or other cooperation with any other local, state or federal entity ; this declaration of Local Emergency also hereby activates any and all existing City Emergency Plans, and authorizes the DES to amend such plans in writing as necessary.

SECTION 8. The Director of Emergency Services was delegated by the City Council through Simi Valley Municipal Code Section 4-5.01 et seq. and Resolution No. 2020-19, and such delegation is further confirmed and continued by this Resolution, the power to promulgate orders and regulations necessary to provide for the protection of life and property, including orders or regulations imposing a curfew within designated boundaries when necessary to preserve the public order and safety, per G overnment Code Sec. 8634.

SECTION 9. T his Local Emergency will continue until it is terminated by proclamation of the City Council, or until February 28, 2023 when the State of California and/or the County of Ventura lifts their states of emergencies, whichever comes first .

Pursuant to Section 8630 of the Government Code, the City Council shall proclaim the termination of a local emergency at the earliest possible date that conditions warrant.

5 RES. NO. 2022-60

SECTION 10. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.

PASSED and ADOPTED this 7th day of November 2022.

Attest:

Lucy Blanco, City Clerk Keith Mashburn, Mayor of the City of Simi Valley, California

Approved as to Form: Approved as to Content:

David L. Caceres, City Attorney Brian Paul Gabler, City Manager

6 RESOLUTION NO. 2022-61

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY CONFIRMING THE EXISTENCE OF A LOCAL

EMERGENCY AND AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF THE LEGISLATIVE

BODIES OF THE CITY OF SIMI VALLEY PURSUANT TO

BROWN ACT PROVISIONS

WHEREAS, Pursuant to California Government Code section 54954, a meeting of the City Council of the City of Simi Valley was properly noticed and convened; and,

WHEREAS, California Government Code section 8630 empowers the City Council to proclaim the existence or threatened existence of a Local Emergency when the City is affected or likely to be affected by a public calamity; and,

WHEREAS, pursuant to Section 4-5.01 et seq. of the Simi Valley’s Municipal Code, the Dire ctor of Emergency Services (“DES”) declared the existence of a Local Emergency, and requested that the City ratify and proclaim the same; and,

WHEREAS, the City Council, on March 16, 2020, in a Special Meeting, ratified the DES’s declaration of a Local Emergency and further proclaimed the same, finding that conditions of extreme peril and a crippling disaster which severely im pairs the safety of persons or property had arisen within the City caused by the virus, COVID -19 and its rapid transmission as reported by the various local, state and national health organizations; and

WHEREAS, the Governor of the State of California, on March 4, 2020, by Executive Order, proclaimed the existence of a State of Emergency; and

WHEREAS, the City of Simi Valley is committed to preserving and nurturing public access and participation in meetings of the City Council and other City bodies; and

WHEREAS, all meetings of the City of Simi Valley’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Gov. Code sections 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, Government Code section 54953(e) of the Brown Act 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

7 RES. NO. 2022-61
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 of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and
WHEREAS, such conditions now exist in the City, specifically, a State of Emergency has been proclaimed by the Governor of the State of California on March 4, 2020 by Executive Order and such State of Emergency has continued; and WHEREAS, the Health Officer of the County of Ventura has strongly recommended that physical/social distancing measures continue to be practiced throughout Ventura County communities to minimize the spread of COVID-19; and WHEREAS, the City Council does hereby find that the continued presence of the COVID-19 virus has caused, and 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 desires to proclaim a local emergency and ratify the proclamation of state of emergency by the Governor of the State of California; and WHEREAS, as a consequence of the local emergency, the City Council does hereby find that the legislative bodies of City of Simi Valley shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and WHEREAS, the public and presenters can participate in meetings of legislative bodies of the City of Simi Valley through internet-based Zoom meetings by signifying that a person wishes to address the legislative body , or by such other methods described in noticed meeting agendas, as authorized by Government Code section 54953 (e) (2).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1
. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

SECTION 2. The City Council of the C ity of Simi Valley hereby proclaims that a local emergency exists throughout the City, and that meeting in person could present imminent risk.
8 RES. NO. 2022-61
SECTION 3 . 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 . The City Manager/Director of Emergency Services and legislative bodies of the City of Simi Valley 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. This Resolution shall take effect immediately upon its adoption and shall be effective until such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Simi Valley may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.