CC RESOLUTION 5325RESOLUTION NO. 5325
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 GOVERNMENT CODE
SECTION §§ 54953(e) AND 54953(f).
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.
F. Effective February 25, 2022, the Governor extended the statewide
COVID-19 emergency until June 30, 2022 pursuant Executive Order
N-04-22.
G. The Los Angeles County Department of Public Health issued an
order, effective March 4, 2022, that lifted its indoor mask order given
the county's coronavirus community level dropping into the "low"
category, but maintained that masks are "strongly recommended" in
indoor settings to prevent transmission of COVID-19.
RESOLUTION NO. 5325
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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-04-22 dated February 25, 2022); and
2. Based upon the most recent Order of the Health Officer for
County of Los Angeles Department of Public Health (dated March
3, 2022 and effective March 4, 2022), masks are strongly
recommended 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. 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.
3. Authorizes legislative body members to appear at regular and
special meetings in person; and
4. 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.
RESOLUTION NO. 5325
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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 & 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 19t" day of April, 202.
Drew Wes, Mayor
ATTEST:
UW � �
Tracy We er, City Clerk
APPROVED AS TO FORM:
Mark Hensley, City Attorney
RESOLUTION NO. 5325
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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. 5325 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 19t" day of April,
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 A 411 T. day of April,
2022.
Tray Weaver, City Clerk
of the City of El Segundo,
California
RESOLUTION NO. 5325
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