HomeMy WebLinkAboutResolution No. 2022-C38RESOLUTION NO.2022-C38
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)9 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and such proclamation remains in effect and has not been rescinded or cancelled; and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 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, 2997 cases were reported on May 11, 2022, bringing the total cases reported to
2,900,449; and
WHEREAS, the City of Azusa has a total of 13,865 cases and 159 reported deaths as of
May 11, 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, CITY COUNCIL FOR THE CITY OF AZUSA, DOES
HEREBY RESOLVE AND FIND 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 16th day of May, 2022.
Robert males
Mayor
ATTEST:
Je e c Comejo, Jr
City lerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2022-C3 S was duly adopted by the
City Council, at a regular meeting of said Agency held on the 16th day of May 2022, by the
following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES, ALVAREZ, AVILA, MENDEZ, BECKWITH
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
J a e Cornejo, Jr
ity Clerk
APPROVED AS TO FORM:
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Best, B st & Krieger LLP
City Attorney