HomeMy WebLinkAboutE-6 Staff Report - Adoption of AB 361 Findings City CouncilCONSENT ITEM
E-6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: JEFFREY L. CORNEJO, CITY CLERK
ADRIAN GARCIA, MMC, CHIEF DEPUTY CITY CLERK
DATE: APRIL 18, 2022
SUBJECT: CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, RATIFYING THE PROCLAMATION OF A STATE OF
EMERGENCY BY GOVERNOR NEWSOM (MARCH 4, 2020), AND AUTHORIZING
REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY
OF AZUSA PURSUANT TO ASSEMBLY BILL 361
BACKGROUND:
On September 16, 2021, the California legislature passed Assembly Bill (“AB”) 361, which amends
Government Code, section 54953 and permits a local agency to use teleconferencing to conduct its
meetings in any of the following circumstances:
1. The legislative body holds a meeting during a proclaimed state of emergency, and state or
local officials have imposed or recommended measures to promote social distancing; or
2. The legislative body holds a meeting during a proclaimed state of emergency for the
purpose of determining, by majority vote, whether as a result of the emergency, meeting in person
would present imminent risks to the health or safety of attendees; or
3. The legislative body holds a meeting during a proclaimed state of emergency and has
determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting
in person would present imminent risks to the health or safety of attendees.
RECOMMENDATIONS:
Staff recommends the City Council take the following action:
1. Adopt Resolution No. 2022-C32, ratifying the proclamation of a State of Emergency by Governor
Newsom (March 4, 2020), and authorizing remote teleconference meetings of the Legislative
Bodies of the City of Azusa pursuant to Assembly Bill 361.
APPROVED
CITY COUNCIL
4/18/2022
AB 361 and Government Code Section 54953
April 18, 2022
Page 2
ANALYSIS:
In order for the Azusa City Council, Utility Board, Planning Commission, Art in Public Places
Commission, Cultural & Historic Preservation Commission, Library Commission, Park & Recreation
Commission, and Personnel Board (“Legislative Bodies”) to continue the use of teleconferencing as
allowed by AB 361, the City must make findings that meeting in person would present an imminent
safety risk to attendees. In addition, AB 361 allows for virtual meetings with a few more restrictions. For
one, AB 361 required a public comment period where the public can address the legislative body
directly. It expressly prohibits councils and boards from limiting public comments to only comments
submitted in advance and specifies that the legislative body “must provide an opportunity for the public
to offer comment in real time.” (Gov. Code, § 54953(e)(2)(E).) Additionally, the body must allow for
public comment up until the public comment period is closed at the meetings. The agenda must include
information on the manner in which the public may access the meeting and provide comments remotely,
and if technical problems arise that result in the public’s access being disrupted, the legislative body
may not take any vote or other official action until the technical disruption is corrected and public access
is restored.
After the initial adoption, by majority vote, AB 361 requires the City to continue to make specific
findings every thirty (30) days thereafter;
On December 13, 2021, the City Council adopted Resolution No. 2021-C57 ratifying the proclamation
of a State of Emergency by Governor Gavin Newsom (March 4, 2020), and authorizing remote
teleconference meetings of the Legislative Bodies of the City of Azusa pursuant to AB 361 from
December 13, 2021 to January 13, 2022.
On February 7, 2022, the City Council adopted Resolution No. 2022-C11 ratifying the proclamation of a
State of Emergency by Governor Gavin Newsom (March 4, 2020), and authorizing remote
teleconference meetings of the Legislative Bodies of the City of Azusa pursuant to AB 361 from January
14, 2022 to February 14, 2022.
On February 22, 2022, the City Council adopted Resolution No. 2022-C14 ratifying the proclamation of
a State of Emergency by Governor Gavin Newsom (March 4, 2020), and authorizing remote
teleconference meetings of the Legislative Bodies of the City of Azusa pursuant to AB 361 from
February 14, 2022 to March 14, 2022.
On March 21, 2022, the City Council adopted Resolution No. 2022-C25 ratifying the proclamation of a
State of Emergency by Governor Gavin Newsom (March 4, 2020), and authorizing remote
teleconference meetings of the Legislative Bodies of the City of Azusa pursuant to AB 361 from March
14, 2022 to April 14, 2022.
This Resolution would authorize remote teleconference meetings of the Legislative Bodies of the City of
Azusa to continue from April 14, 2022 to May 14, 2022.
FISCAL IMPACT:
No Fiscal Impact.
AB 361 and Government Code Section 54953
April 18, 2022
Page 3
Prepared by: Reviewed and Approved:
Adrian Garcia, MMC Jeffrey Lawrence Cornejo, Jr.
Chief Deputy City Clerk City Clerk
Reviewed and Approved:
Sergio Gonzalez
City Manager
Attachments:
1) Resolution No. 2022-C32
RESOLUTION NO. 2022-C32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, RATIFYING THE PROCLAMATION OF
A STATE OF EMERGENCY BY GOVERNOR NEWSOM (MARCH
4, 2020), AND AUTHORIZING REMOTE TELECONFERENCE
MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF
AZUSA PURSUANT TO ASSEMBLY BILL 361
WHEREAS, the City Council of the City of Azusa, is committed to preserving
and nurturing public access and participation in meetings of the City’s ; and
WHEREAS, all meetings of the City’s legislative bodies, boards and
commissions (“Legislative Bodies”) are open and public, as required by the Ralph M.
Brown Act (“Brown Act”) (Gov. Code, § 54950 et. seq.), so that any member of the
public may attend, participate, and watch the City’s Legislative Bodies conduct their
business; and
WHEREAS, on September 16, 2021, the California legislature passed Assembly
Bill (“AB”) 361, which amended Government Code, section 54953; and
WHEREAS, Government Code section 54953(e), 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
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, it is further required that state or local officials have imposed or
recommended measures to promote social distancing, or, the legislative body meeting in
person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in the City of Azusa, specifically,
Governor Newsom declared a State of Emergency on March 4, 2020 as a result of the
threat of COVID-19 and such proclamation remains in effect and has not been rescinded
or cancelled; and
WHEREAS, Cal-OSHA’s Emergency Temporary Standards has taken measures
to promote social distancing, including, (i) requiring employers to provide training as to
“the fact that particles containing the virus can travel more than six feet, especially
Attachment 1
indoors, so physical distancing, face coverings, increased ventilation indoors, and
respiratory protection decrease the spread of COVID-19,” (ii) requiring employees when
eating or drinking to be “at least six feet apart,” and (iii) requiring certain employees
without face coverings to “be at least six feet apart from all other persons unless the
unmasked employee is either fully vaccinated or tested at least weekly for COVID-19;”
and
WHEREAS, on January 5, 2022 the California Department of Public Health
ordered the use of face coverings by all employees when indoors; and
WHEREAS, the State of California continues in a State of Emergency in order to
minimize the threat of COVID-19 and encouraging the use of mask because many people
who test positive for COVID-19 have no symptoms and could be spreading the virus to
others without knowing it; and
WHEREAS, the County of Los Angeles has seen a surge of COVID-19 cases due
to the Omicron variant, 742 cases were reported on April 10, 2022, bringing the total
cases reported to 2,846,303; and
WHEREAS, the City of Azusa has a total of 13,695 cases and 158 reported
deaths as of April 10, 2022; and
WHEREAS, the City Council does hereby find that fully meeting in person for
the City’s Legislative Bodies would present imminent risks to the health and safety of
attendees and the community spread COVID-19 has caused, and will continue to cause,
conditions of peril to the safety of persons within the City of Azusa that are likely to be
beyond the control of services, personnel, equipment, and facilities of the City, and
desires to ratify the proclamation of state of emergency by the Governor of the State of
California (March 4, 2020); and
WHEREAS, as a consequence of the local emergency, the City Council does
hereby find that the Legislative Bodies of the City of Azusa 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 City will provide live call-in and/or internet service-based
option for remote public participation and will provide notice for such participation in the
agendas posted in advance of these meetings; and
WHEREAS, the City of Azusa also allows for members of the public to address
the Legislative Bodies via live call-in and/or internet service-based option for remote
public participation or written communication taken until the end of the public hearing
period closes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The Recitals set forth above are true and correct and are
incorporated into this Resolution by this reference.
SECTION 2. Ratification of Governor’s Proclamation of a State of Emergency.
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, 2021.
SECTION 3. Remote Teleconference Meetings. The Azusa City Council, Utility
Board, Planning Commission, Art in Public Places Commission, Cultural & Historic
Preservation Commission, Library Commission, Park & Recreation Commission, and
Personnel Board (“Legislative Bodies”) 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. The actions taken by the City
Council through this resolution shall be applied to all City committees governed by the
Brown Act unless otherwise desired by that committee.
SECTION 4. City Manager Authorization. The City Council authorizes the City
Manager or their designee(s) to continue to take all actions necessary to conduct
Legislative Body meetings in accordance with this Resolution, using teleconferencing for
a period of thirty (30) days from the adoption of this Resolution after which the City
Council will again reconsider the circumstances of the state of emergency.
SECTION 5. The City Clerk shall attest and certify to the passage and adoption
of this Resolution and enter it into the book of original resolutions, and it shall become
effective immediately upon its approval.
PASSED, APPROVED AND ADOPTED this 18st day of April, 2022.
____________________________________
Robert Gonzales
Mayor
ATTEST:
____________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2022-C32 was duly adopted by the
City Council, at a regular meeting of said Agency held on the 18st day of April 2022, by the
following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
___________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
APPROVED AS TO FORM:
___________________________________
Best, Best & Krieger, LLP
City Attorney