HomeMy WebLinkAbout2022 036 CC RESO •
RESOLUTION NO. 2022-036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
IMPLEMENT TELECONFERENCE ACCESSIBILITY FOR
CONDUCTING PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL
361
WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of
Emergency to exist in California as a result of the threat of novel coronavirus disease
2019 (COVID-19); and
WHEREAS, OM March 12, 2020, the City Council adopted an Emergency order
proclaiming a local emergency as defined, due to the threat of the existence and spread
of COVID-19; and
WHEREAS, on March 17, 2020, the Governor of California executed Executive
Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown
Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies
to hold public meetings via teleconferencing and to make public meeting accessible
telephonically or otherwise electronically to all members of the public seeking to observe
and address the local legislative body; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive
Order N-08-21 which extended the provisions of Executive Order N-29-20 concerning
teleconference accommodations for public meetings through September 30, 2021; and
WHEREAS, on September 16, 2021, the Governor of California signed into law
Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending Government Code
§ 54953 and providing alternative teleconferencing requirements to conduct public
meetings during a proclaimed state of emergency; and
WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to ensure
members of the public are able to attend and participate in public meetings conducted via
teleconference, including:
• Notice of the means by which members of the public may access the meeting and
offer public comment, including an opportunity for all persons to attend via a call-
in option or an internet-based service option;
• The legislative body shall take no further action on agenda items when there is a
disruption which prevents the public agency from broadcasting the meeting, or in
the event of a disruption within the local agency's control which prevents members
of the public from offering public comments, until public access is restored;
• Prohibits the legislative body from requiring public comments to be submitted in
advance of the meeting and specifies that the legislative body must provide an
opportunity for members of the public to address the legislative body and offer
comments in real time;me,
• Prohibits the legislative body from closing the public comment period until the
public comment period has elapsed or until a reasonable amount of time has
elapsed; and
WHEREAS, the City has already implemented and is in full compliance with the
requirements listed above when conducting public meetings via teleconference, which
are now codified in Government Code § 54953(e)(2)(B-G); and
WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body
shall hold 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 and safety of attendees. The City Council
must make these findings no later than 30 days after the first teleconferenced meeting is
held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also
make these findings every 30 days thereafter, in order to continue to allow teleconference
accessibility for conducing public meetings.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. The City Council of the City of Baldwin Park hereby declares that
the recitals set forth above are true and correct, and incorporated into this resolution as
finds of the City Council.
SECTION 2. The City Council hereby declares that a state of emergency as a
result of the threat of COVID-19 still exists and continues to impact the ability of members
of the public, the City Council, City Boards Commissions and Committees, City staff and
consultant to meet safely in person when a large congregation meets.
SECTION 3. The State of California and the City of La Quinta continue to follow
safety measures in response to COVID-19 as ordered or recommended by the Centers
for Disease Control and Prevention (CDC), California Department of Public Health (DPH),
and/or County of Riverside, as applicable, including facial coverings when required and
social distancing.
SECTION 4. The City Council hereby declares that, pursuant to the findings
listed in this Resolution, the City Manager is authorized to utilize teleconferencing
accessibility to conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and
Government Code § 54953, as amended thereby.
SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Resolution. The City Council hereby declares that it
would have adopted this Resolution and each and every section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be
declared unconstitutional.
SECTION 6. This Resolution shall become effective immediately upon adoption.
PASSED, APPROVED, and ADOPTED this 6th day of July, 2022.
a►
Win/
EMMAN ESTRADA
MAYOR
v
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I, Shirley Quinones, Chief Deputy City Clerk of the City of Baldwin Park do hereby certify that the
foregoing Resolution No.2022-036 was duly adopted by the City Council of the City of Baldwin
Park at a regular meeting thereof held on June 15, 2022 and that the same was adopted by the
following vote to wit:
AYES: Estrada, Avila, Damian, Garcia, Hernandez
NOES: N/A
ABSENT: N/A
ABSTAIN: N/A
i V
ones
C De• --'y City Clerk