CC RESOLUTION 5295RESOLUTION NO. 5295
A RESOLUTION OF THE CITY COUNCIL OF CITY OF EL
SEGUNDO FINDING THAT CERTAIN CONDITIONS EXIST TO
CONTINUE CONDUCTING PUBLIC MEETINGS VIA
TELECONFERENCING PURUSANT TO ASSEMBLY BILL NO.
361 AND DIRECTING CITY COMMITTEES, COMMISSIONS, AND
BOARDS TO TAKE CERTAIN ASSOCIATED ACTIONS.
The City Council of the city of El Segundo does resolve as follows:
SECTION 1. Findings. The City Council finds and declares as follows:
A. On March 4, 2020, Governor Gavin Newsom proclaimed a State of
Emergency to exist in California due to the threat of the COVID-19
pandemic.
B. This gubernatorial proclamation, among other things, suspended
local government emergency declaration, reporting, and extension
requirements of Government Code § 8630 for the duration of the
COVID-19 pandemic.
C. Effective September 16, 2021, Assembly Bill No. 361 ("AB 361") took
effect which, among other things, amends certain provisions of the
Ralph M. Brown Act ("Brown Act") governing open meetings to allow
teleconferencing, including internet-based video conferencing, in a
manner similar to previously issued gubernatorial executive orders.
D. During a proclaimed state of emergency, AB 361 allows a legislative
body, like the City Council, to continue utilizing teleconferencing to
conduct public meetings under certain circumstances, provided the
legislative body makes certain findings.
E. The City Council has previously adopted and made findings to
continue meeting via teleconferencing pursuant to AB 361 and seeks
to make additional findings under Government Code § 54953(e) to
continue such teleconferencing use.
SECTION 2. Teleconferencing
A. Pursuant to Government Code § 54953(e), the City Council has
reconsidered the circumstances of the state of emergency 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);
RESOLUTION No. 5295
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see also Governor's Proclamation dated March 4, 2020), which
and
2. Based upon the most recent Order of the Health Officer for
County of Los Angeles Department of Public Health (dated
September 17, 2021 and effective October 7, 2021), masks and
social distancing continue to be necessary to curb the spread of
COVID-19 (Government Code § 54953(e)(3)(B)(ii)).
B. Accordingly, to protect public health and safety the City Council:
1. finds that it is in the public interest to conduct public meetings of
its legislative bodies via teleconference as defined by
Government Code § 54953;
2. prohibits all Brown Act -subject City legislative bodies, including
applicable commissions, committees, and boards, from meeting
exclusively in person, except as determined by the City Manager
or until the City Council provides futher direction in the future; and
3. directs all such Brown Act -subject City legislative bodies,
including applicable commissions, committees, and boards, to
consider the continued adoption of findings allowing for its
conduct public meetings via teleconference as defined by
Government Code § 54953 at any meeting occuring after the date
of this Resolution.
C. The City Council 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 3. 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 be placed on the consent calendar.
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.
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SECTION 5. Signature Authority. The Mayor, or presiding officer, is hereby
authorized to affix his signature to this Resolution signifying its adoption by the City
Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy,
is directed to attest thereto.
SECTION 6. Effective Date. This Resolution will take effect immediately
upon adoption and will remain effective unless repealed or superseded,.
SECTION 7. City Clerk Actions. The City Clerk will certify to the passage and
adoption of this Resolution, enter it in the City's book of original Resolutions, and
make a record of this action in the meeting's minutes.
PASSED AND ADOPTED this 7t" day of December, 2021,
Drew Boyleqwyor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, hereby certify that
the whole number of members of the City Council of the City is five; that the
foregoing Resolution No. 5295 was duly passed and adopted by said City Council,
approved and signed by the Mayor of said City, and attested to by the City Clerk
of said City, all at a regular meeting of said Council held on the 7t" day of
December, 2021, and the same was so passed and adopted by the following roll
call vote:
AYES: Mayor Boyles, Mayor Pro Tern Pimentel Council Member Pirsztuk,
Council Member Nicol, and Council Member Giroux
NOES: None
ABSENT: None
ABSTAIN: None
Tracy Wear, City Clerk
APPROVED AS TO FORM:
Mark1. Hensley, Pity Atto
RESOLUTION No. 5295
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