CC RESOLUTION 5312RESOLUTION NO. 5312
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 GOVERNOR EXECUTIVE ORDER N-1-22 AND
DIRECTING CITY COMMITTEES, COMMISSIONS, AND BOARDS TO
CONSIDER CERTAIN ASSOCIATED ACTIONS.
The City Council of the city of El Segundo does resolve as follows:
SECTION I. 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—through January 31,
2022 allowed 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.
F. Effective January 5, 2022, Governor Newsom's Executive Order N-1-22
allows the City Council to continue utilizing teleconferencing (which includes
internet based video conferencing) to conduct public meetings pursuant to
Government Code § 54953(e).
SECTION 2. Teleconferencing; Ratification.
A. Pursuant to Government Code § 54953(e), the City Council has reconsidered
the circumstances of the state of emergency finds as follows:
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-1-22 dated January 5,
2021); and
2. Based upon 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 COVID-19 (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 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;
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;
4. Authorizes legislative body members to appear at regular and special
meetings in person; and
5. Authorizes public officials, designated by the City Manager, or designee,
to attend such public meetings if presenting matters to the legislative
body or if the official's presence at the meeting is otherwise deemed
necessary by the City Manager or designee.
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.
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SECTION 3. Environmental Review. This Resolution itself and the actions
anticipated herein 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.
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
be placed on the consent calendar.
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. 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 7. Effective Date. This Resolution will take effect immediately upon
adoption and will remain effective unless repealed or superseded.
SECTION 8. 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 15t" day of February, 2022.
ATTEST:
W ' I amo
Tr, c W av r City Clerk
U061VA 21 I W • 1 A
Mark D. Riensley, City Attorney
Drew Boyles„
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CERTIFICATION
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. 5312 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 15t" day of February, 2022, 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
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 1 day of February,
2022.
Tracy Weaver, City Clerk
of the City of El Segundo,
California
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