CC - 2022-52 - Extension of Provisions of AB 361 TeleconferecingRESOLUTION NO. 2022-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA AUTHORIZING THE
NEED FOR TELECONFERENCING OPTION FOR CITY
COUNCIL AND COMMISSION MEETINGS PURSUANT TO
ASSEMBLY BILL NO. 361 AND MAKING FINDINGS AND
DETERMINATIONS REGARDING THE SAME
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of
emergency in order to address the COVID-19 pandemic, which currently remains in effect; and
WHEREAS, on March 4, 2020, the County of Los Angeles also declared a state of emergency in
an effort to prevent the further spread of the COVID-19 through the County of Los Angeles; and
WHEREAS, on March 13, 2020, the City Manager, acting in her capacity as Director of
Emergency Services, proclaimed the existence of a local emergency due to the COVID-19
pandemic, which was ratified on the same date by the Rosemead City Council; and
WHEREAS, on March 17, 2020, to allow local government bodies to safely conduct public
meetings during the COVID-19 pandemic as well as to ensure public access to governmental
meetings, the Governor of the State of California issued Executive Orders N-25-20 and N-29-20,
which streamlined notice requirements for teleconference meetings under the Ralph M. Brown
Act; and
WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill
361 amending Government Code § 54953 and providing alternative teleconferencing requirements
to conduct public meetings during a proclaimed state of emergency; and
WHEREAS, on October 12, 2021, City Council adopted Resolution No. 2021-45 authorizing the
Council and Commissions to meet virtually through November 12, 2021; and
WHEREAS, On January 11, 2022, City Council adopted Resolution No. 2022-03 reauthorizing
the Council and Commissions to meet virtually through February 11, 2022; and
WHEREAS, on June 28,2022, City Council adopted Resolution No. 2022-42 reauthorizing the
Council and Commissions to meet virtually through July 28, 2022; and
WHEREAS, on July 26,2022, City Council adopted Resolution No. 2022-46 reauthorizing the
Council and Commissions to meet virtually through August 26, 2022; and
WHEREAS, AB 361 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
intemet-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;
• 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 now implemented and is in compliance with the requirements listed
above when conducting public meetings via teleconference, which are now codified in
Government Code § 54953(e); and
WHEREAS, COVID transmission in Los Angeles County remains high due to highly infectious
Omicron and Delta variants. The increase surge in community transmission of COVID-19
continues to threaten the health and lives of Rosemead residents and health officials continue to
recommend or require precautions be taken including, but not limited to, masking, limiting
prolonged interior exposure to other individuals, limiting the size of gatherings indoors, and, for
those with compromised health conditions or those without vaccines, limiting attendance at
functions indoors; and
WHEREAS, AB 361 requires the City to reconsider the circumstances of the emergency and
review whether it continues to directly impact the ability of the members to meet safely in person
every 30 days.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rosemead does
hereby resolve, declare, determine, and order as follows:
SECTION 1. The above recitals are correct and are material to this Resolution and are incorporated
into this Resolution as findings of the City Council.
SECTION 2. The City continues to follow safety measures in response to COVID-19 as ordered
or recommended by the Centers for Disease Control and Prevention, California Department of
Public Health, and/or County of Los Angeles, as applicable. Based upon that guidance, in person
attendance indoors at public meetings continues to present a health risk for certain segments of the
City's population, necessitating a teleconferencing option to allow for meaningful participation for
all City constituents and its elected and appointed officials.
SECTION 3. The City Council hereby resolves that, pursuant to the findings listed in this
Resolution, the City Council and the City's boards and commissions are authorized to utilize
teleconferencing accessibility to conduct public meetings pursuant to AB 361.
SECTION 4. The City staff will agendize for Council consideration every 30 days consideration
of the need to continue with teleconferenced meetings as allowed by AB 361.
SECTION 5. Severability: If any section, subsection, sentence, clause, or phrase of this
Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of
competed jurisdiction, such decision shall not affect the validity of the remaining portions of this
Resolution. The City Council hereby declares that it would have passed this Resolution and each
and every section, subsection, sentence, clause, or phrase not declare invalid or unconstitutional
without regard to whether any portion of this Resolution would be subsequently declared invalid
or unconstitutional.
SECTION 6. The City Clerk shall certify to the adoption of this resolution and hereafter the same
shall be in full force and effect.
PASSED, APPROVED, AND ADOPTED this 13a'
APPROVED AS TO FORM:
WERE. i24
ATTEST:
Ericka Hernandez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California,
do hereby certify that the foregoing City Council Resolution No. 2022-52 was duly adopted
by the City Council of the City of Rosemead, California, at a regular meeting thereof held on
the 1P day of September, 2022, by the following vote, to wit:
AYES: ARMENTA, CLARK, DANG, LOW, TANG
NONE
NOES:
NONE
ABSENT:
NONE
ABSTAIN:
7
Ericka Hernandez, City Clerk