CC RESOLUTION 5393RESOLUTION NO. 5393
A RESOLUTION OF THE CITY COUNCIL OF CITY OF EL
SEGUNDO FINDING THAT CERTAIN CONDITIONS EXIST TO
CONTINUE CONDUCTING PUBLIC MEETINGS VIA
TELECONFERENCING PURSUANT 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pandemic and such State of Emergency has not been rescinded by
either the Governor or the California Legislature.
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. The Los Angeles County Department of Public Health's latest order,
dated September 23, 2022, maintains its position that masks are
strongly recommended in indoor settings to prevent transmission of
COVID-19.
SECTION 2. Teleconferencing; Ratification,
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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
2. Based upon the Order of the Health Officer for County of Los
Angeles Department of Public Health (dated September 23,
2022) and recent public Los Angeles County Department of
Public Health releases, masks are still 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:
1. Finds that it is in the public interest to conduct City Council
meetings via teleconference as defined by Government Code §
54953;
2. Authorizes City Council members to appear at regular and
special meetings in person; and
3. Authorizes public officials, designated by the City Manager, or
designee, to attend such City Council 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.
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
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and private property is necessary to maintain services 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. 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 this Resolution is repealed or
superseded. Upon the rescission of Governor Newsom's COVID-19 State of
Emergency, this Resolution will be void and have no further force or effect.
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 21st day of February, 2023.
Drew Boyles, Mayor
ATTEST:
Milo
Tracy ilea r, City Clerk
APPROVED AS TO FORM:
lam'
Mark Hensl , City Attorney
RESOLUTION NO. 5393
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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, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Resolution No. 5393 was duly passed, approved, and adopted by said
City Council at a regular meeting held on the 21St day of February, 2023, approved
and signed by the Mayor Pro Tem, and attested to by the City Clerk, by the
following vote:
AYES: Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk,
Council Member Giroux, and Council Member Baldino
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
February, 2023.
Tra Weaver, City Clerk
of the City of El Segundo,
California
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