HomeMy WebLinkAbout8433RESOLUTION NO. 8433
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 COVID-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 COVID-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
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
IAResolutions\Res 8400-8499\8433 Teleconference Meeting 2.7.23.docx
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 because 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 appropriate 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;
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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 finds that State and county officials recommend social
distancing conditions causing imminent risk 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 finds that the state of emergency because COVID-19
continues to directly impact the ability of members of the City Council and the members of the
City's b oards, commissions, 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 instead 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, including, conducting
open and public meetings remotely in 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 meetings of the City.
Section 8. This Resolution shall take effect immediately upon its adoption and shall be
effective until either (i) March 7, 2023, or (ii) such time as the City Council adopts a Subsequent
Resolution in 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 permitted by
Government Code section 54953(e), or (iii) the Governor terminates the State of Emergency,
whichever occurs first.
ADOPTED, SIGNED AND APPROVED this 7ch day of F ary 2
ATTEST: Eddie Tejeda, May
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�Do.aldso;n, City Clerk
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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 February
2023.
AYES: Councilmembers Barich, Davis, Guzman -Lowery, Saucedo; Mayor Tejeda
NOES: None
ABSENT: None
ABSTAINED: None
Jeapde Donaldson, City Clerk
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IAResolutions\Res 8400-8499\8433 Teleconference Meeting 2.7.23.docx