HomeMy WebLinkAbout8353RESOLUTION NO 8353
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
AUTHORIZING REMOTE TELECONFERENCE MEETINGS BY THE CITY
COUNCIL AND ALL BOARDS, COMMISSIONS, AND COMMITTEES OF THE
CITY IN ACCORDANCE WITH ASSEMBLY BILL 361 (2021) FOR A PERIOD
OF THIRTY DAYS
WHEREAS, COVID-19 (also known as the "Coronavirus Disease") is a respiratory
disease that has spread across the globe, with thousands of confirmed cases in California, including
within the City of Redlands ("City"), and
WHEREAS, on January 31, 2020, the United States Secretary of Health and Human
Services declared a public health emergency based on the threat caused by COVED-19, and the
President of the United States issued a proclamation declaring a national emergency concerning
COVID-19 beginning March 1, 2020, and
WHEREAS, in response to COVED-19, the Governor of the State of California issued
a proclamation of a state of emergency on March 4, 2020; and
WHEREAS, the City Council of the City adopted a proclamation of a local emergency
related to the COVID-19 virus on March 17, 2020; and
WHEREAS, the City is committed to preserving and fostering public access,
transparency, observation, and participation in meetings of the City Council and City boards,
commissions, and committees (hereafter collectively referred to as "legislative bodies,") and
WHEREAS, all meetings of the City Council and legislative bodies are open and public
as required by the Ralph M. Brown Act ("Brown Act") (Government Code section 54950 et
seq), so that any member of the public may attend, observe, and participate in a meaningful way;
and
WHEREAS, Government Code section 54953(b)(3) of the Brown Act allows a local
legislative body to hold public meetings by teleconference and to make public meetings
accessible telephonically or otherwise electronically to all members of the public seeking to
attend and to address the local legislative body, as long as the following requirements are met:
1 Each teleconference location from which a member is participating is noticed on
the agenda,
2. Each teleconference location is accessible to the public,
3 Members of the public must be able to address the body at each teleconference location,
4 At least one member of the legislative body must be physically present at the
location specified in the meeting agenda, and
5 During teleconference meetings, at least a quorum of the members of the local
body must participate from locations within the local body's territorial jurisdiction,
and
L.\ca\Reso\8353 Teleconference Meeting 6.7 22.docx
WHEREAS, the Brown Act, as amended by AB 361 (2021), at Government Code section
54953(e), allows for remote observation and participation in meetings by members of a
legislative body and members of the public without compliance with the requirements of
Government Code section 54953(b)(3), subject to certain conditions, and
WHEREAS, the initial required condition of Government Code section 54953(b)(3) is a
declaration of a state of emergency by the Governor pursuant to the California Emergency
Services Act at 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 and within the
boundaries of the City, caused by conditions as described in Government Code section 8558, and
WHEREAS, the Governor's proclamation of a state of emergency includes area within
the jurisdictional boundaries of the City; and
WHEREAS, Government Code section 54953(e)(3)(A-B), added by AB 361, provides
an alternative to having public meetings in accordance with Government Code Section
54953(b)(3) when the City Council has reconsidered the circumstances of the COVID-19 state
of emergency and that the following circumstances exist:
1 The state of emergency as a result of COVID-19 continues to directly impact the ability
of the members of City Council and the members of the City's boards, commissions,
and committees to meet safely in person, and
2 The State of California and the County of San Bernardino continue to recommend
measures to promote social distancing; and
WHEREAS, Government Code Section 54953(e) further requires that state or local
officials have imposed, or recommended, measures to promote social distancing, or the
legislative body finds that meeting in person would present an imminent risk to the health or
safety of attendees, and
WHEREAS, such conditions now exist in the City in that (i) state and local officials do
recommend social distancing measures, and (ii) emergency conditions evidenced by COVID-19
and its variants create ongoing COVID-19 cases, hospitalizations, and deaths, such that meeting
in person would present imminent risk to health or safety of attendees, and
WHEREAS, the City Council affirms that it will allow for observation and participation
by City Council members as well as board, commission, and committee members and the
public, via Zoom, or other appropnate technology, in an effort to protect the constitutional and
statutory rights of all attendees, and
WHEREAS, Government Code Section 54953 (e)(3) further requires that the City Council
review the need and make findings for continuing the teleconferencing as authorized by AB 361
at least once every thirty days until the Governor terminates the state of emergency;
L.\ca\Reso\8353 Teleconference Meeting 6.7 22 docx
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS
HEREBY RESOLVES AS FOLLOWS
Section 1 The above recitals are true and correct and are incorporated herein by this
reference
Section 2 The City Council finds that the state of emergency conditions related to
COVID-19 as set forth in the Governor's and City's proclamations of emergency are on -going
Section 3 The City Council further fords that State and county officials recommend
social distancing conditions causing inurement nsk to attendees as described above exist
Section 4 The City Council hereby recognizes and affirms the existence and conditions
of a state of emergency as proclaimed by the Governor, and the City, and affirms, authorizes,
and proclaims the existence of a local emergency throughout the City
Section 5 The City Council fords that the state of emergency as a result of COVID-19
contmues to directly impact the ability of members of the City Council and the members of the
City's b oards, c ommissions, and committees to meet safely in person and such fact creates
an imminent health risk to such members
Section 6 The City Council hereby authorizes the City Council, and all of the boards,
commissions, and committees of the City, to conduct their meetings without compliance with
Government Code section 54953(b)(3), and to mstead comply with the remote meeting
requirements as authorized by Government Code section 54953(e)
Section 7 The City Manager and City Clerk are authorized and directed to take all actions
reasonably necessary to carry out the intent and purpose of this Resolution, includmg, conducting
open and public meetmgs remotely m accordance with Government Code section 54953(e), and
other applicable provisions of the Brown Act, for all City Council meetings, and all boards,
commissions, and committee meetmgs of the City
Section 8. This Resolution shall take effect immediately upon its adoption and shall be
effective until either (i) July 7, 2022 or (n) such time as the City Council adopts a Subsequent
Resolution m accordance with Government Code section 54953(e)(3) to extend the time during
which the City Council and all City legislative bodies may continue to meet remotely, without
compliance with Government Code section 54953(b)(3), but otherwise as pelnutted by
Government Code section 54953(e)
ADOPTED, SIGNED AND APPROVED this 7th c . y of June, 022
ATTEST Paul T Banch, Mayor
e Donaldson, City Clerk
L \ca\Reso\8353 Teleconference Meeting 6 7 22 docx
I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing
resolution was duly adopted by the City Council at a regular meeting thereof held on the 7th day
of June, 2022
AYES Councilmembers Tejeda, Davis, Guzman -Lowery, Gallagher, Mayor Barich
NOES. None
ABSENT None
ABSTAINED None
Q)>A4eiak_,--)
J e Donaldson, City Clerk