CC - Item 3A - Adopt Resolution No. 2022-64 Reauthorizing The Need For Teleconferencing Option For City Council And Commission Meetings Pursant To Assembly Bill No. 361ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND
gCITY COUNCIL
FROM: BEN KIM, CITY MANAGER45
DATE: DECEMBER 13, 2022
SUBJECT: ADOPT RESOLUTION NO. 2022-64 REAUTHORIZING THE NEED FOR
TELECONFERENCING OPTION FOR CITY COUNCIL AND
COMMISSION MEETINGS PURSUANT TO ASSEMBLY BILL
NO. 361
SUMMARY
The City Council will consider continuing implementing provisions of Assembly Bill No. 361,
providing an alternative to the public meeting teleconferencing requirements of Government
Code Section 54953(6)(3) as long as there is a state of emergency and the Legislative Body
makes certain findings regarding the state of emergency. Resolution No. 2022-64 makes the
required findings under AB 361, and if adopted, it will allow the City to continue teleconference
accessibility for public meetings for the next 30 days to help mitigate the community
transmission of COVID-19.
DISCUSSION
The Ralph M. Brown Act (Brown Act) allows for meetings to occur via teleconferencing subject
to certain requirements. However, to prevent and reduce the spread of COVID-19, on March 17,
2020, Governor Newsom signed Executive Order No. N-29-20 which suspended the Brown
Act's requirements for teleconferencing during the COVID-19 pandemic. As Executive Order
N-08-21 sunset on September 30, 2021, Governor Newsom signed Assembly Bill (AB) 361 on
September 16, 2021, which went into effect immediately. AB 361 provides an alternative to the
teleconferencing requirements of Government Code Section 54953(b)(3) as long as there is a
state of emergency, and the Legislative Body makes certain findings regarding the state of
emergency.
The purpose of AB 361 is to assist local agencies with continuing their operations despite facing
emergencies that pose risk to health and safety. Local agencies choosing to use these provisions
are required to do the following:
• Require that the agenda provide an opportunity for the public to directly address the
legislative body pursuant to the Brown Act's other teleconferencing provisions.
AGENDA ITEM 3.A
City Council Meeting
December 13, 2022
Page 2 of 2
• Give notice for how the public can access the meeting and provide public comment.
• Identify and include in the agenda an opportunity for all persons to attend via a call-in or
an intemet-based service option.
• Stop the meeting until public access is restored if a disruption occurs while broadcasting.
• Not require comments be submitted in advance (though the legislative body may provide
that as an option) and provide the opportunity to comment in real time.
• Provide adequate time for public comment, either by establishing a timed public
comment period or by allowing a reasonable amount of time to comment.
• Periodic Findings: requires the legislative body to 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 risk to the health or safety
of attendees. Council must make these findings every 30 days.
AB 361 will sunset on January 1, 2024.
The County of Los Angeles continues to experience an increase of community transmission of
COVID -19 cases and test positive rates. Therefore, the proposed resolution makes the required
findings under AB 361, and if adopted, it will allow the City to continue to offer teleconference
accessibility for public meetings to help mitigate the spread of COVID-19, as well as during
other state -proclaims emergencies, such as earthquakes or wildfires, where physical attendance
may present a risk.
STAFF RECOMMENDATION
That the City Council adopt Resolution No. 2022-64 authorizing the need for a teleconferencing
option in accordance with Government Code Section 54953 (AB 361) to apply for the next
30 days.
FISCAL IMPACT
There is no fiscal impact associated with the recommendation of this report.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prep
aze by:
Ericka Hernandez, City Clerk
Attachment A: Resolution No. 2022-64
Attachment A
Resolution 2022-64
RESOLUTION NO. 2022-64
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, on September 13,2022, City Council adopted Resolution No. 2022-52 reauthorizing
the Council and Commissions to meet virtually through October 13, 2022; and
WHEREAS, on October 11,2022, City Council adopted Resolution No. 2022-57 reauthorizing
the Council and Commissions to meet virtually through November 11, 2022; and
WHEREAS, on December 13,2022, City Council adopted Resolution No. 2022-64 reauthorizing
the Council and Commissions to meet virtually through January 13, 2023; 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 13' day of December, 2022.
Sean Dang, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel Richman, City Attorney 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. 2022-64 was duly adopted
by the City Council of the City of Rosemead, California, at a regular meeting thereof held on
the 13' day of December, 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk