CC SR 20220816 D - September 2022 RPV AB 361
CITY COUNCIL MEETING DATE: 08/16/2022
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to continue implementing Assembly Bill No. 361 (AB
361) authorizing teleconferencing of meetings of legislative bodies for the month of
September 2022.
RECOMMENDED COUNCIL ACTION:
1) Adopt Resolution No. 2022-__, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, RE-RATIFYING
THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR
NEWSOM ON MARCH 4, 2020 AND RE-AUTHORIZING REMOTE
TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE
CITY OF RANCHO PALOS VERDES FOR THE PERIOD BEGINNING
SEPTEMBER 1, 2022 THROUGH SEPTEMBER 30, 2022, PURSUANT TO
THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361 .
2) Authorize Staff to continue conducting, as warranted, City Council and
Planning Commission public meetings using a combination in-person/virtual
(hybrid) platform and continue conducting virtual-only meetings or a
combination in-person/virtual (hybrid) platform, if warranted, for the City’s five
Committees (Civic Center Advisory, Emergency Preparedness, Finance
Advisory, Infrastructure Management Advisory, Traffic Safety) subject to the
Brown Act in accordance with the requirements of AB 361; and return with
extension resolutions for the City Council’s consideration every 30 days as the
same may be warranted.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Nathan Zweizig, Administrative Assistant
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
1
ATTACHED SUPPORTING DOCUMENTS:
A. Draft Resolution No. 2022-__ (page A-1)
B. October 5, 2021, Staff Report
____________________________________________________________________
BACKGROUND AND DISCUSSION:
On October 5, 2021, the City Council was apprised of the latest AB 361 signed by
Governor Newsom, allowing legislative bodies to continue to utilize remote/v irtual
platforms for meetings as long as one of the following three criteria was met:
• State or local officials have imposed or recommended measures to promote social
distancing; or
• For the purpose of determining, by majority vote, whether as a result of the state
of emergency, meeting in person would present imminent risks to the health or
safety of attendees; or
• The City Council has previously determined, by majority vote, that, as a result of
the state of emergency, meeting in person would present imminent risks to the
health or safety of attendees.
In other words, a city can meet remotely or using a combination of in -person/virtual
(hybrid) platform under AB 361 during a declared state of emergency by the Governor via
Government Code §§ 54953(e) et seq. Based on the above criteria, the City Council, at
its January 18, 2022 meeting, adopted Resolution No. 2022-03 to allow continued remote
teleconference or a combination in-person/virtual (hybrid) platform meetings of the
legislative bodies of the City of Rancho Palos Verdes for the month of February 2022.
To continue meeting based on the parameters set forth in AB 361, the City Council must
adopt subsequent resolutions each month prior to the expiration date of the previously
adopted resolutions requesting the same. Staff recommends adopting the attached
resolution this evening to continue remote teleconference or a combination of in-
person/virtual (hybrid) platform meeting options for the month of September 2022.
It should be noted that the Planning Commission is meeting in person, and the Civic
Center Advisory Committee (CCAC), Finance Advisory Committee (FAC), and
Emergency Preparedness Committee (EPC) are meeting in a hybrid format. The Traffic
Safety Committee (TSC) and Infrastructure Management Advisory Committee (IMAC)
continue to meet virtually but are considering transitioning to a hybrid format in the near
future.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
2
1. Do not adopt the resolution as proposed, thereby returning to in-person public
meetings only (no hybrid platform).
2. Requiring the City’s five advisory boards/committees to begin meeting in person
or in a hybrid format. It should be noted that, in addition to Hesse Park, the
Community Room at City Hall is now equipped with the technology to support a
hybrid meeting.
3. Take other action, as deemed appropriate.
3
RESOLUTION NO. 2022-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, RE-RATIFYING
THE PROCLAMATION OF A STATE OF EMERGENCY BY
GOVERNOR NEWSOM ON MARCH 4, 2020 AND RE-
AUTHORIZING REMOTE TELECONFERENCE MEETINGS
OF THE LEGISLATIVE BODIES OF THE CITY OF RANCHO
PALOS VERDES FOR THE PERIOD BEGINNING
SEPTEMBER 1, 2022 THROUGH SEPTEMBER 30, 2022
PURSUANT TO THE RALPH M. BROWN ACT AND
ASSEMBLY BILL NO. 361
WHEREAS, the City Council of the City of Rancho Palos Verdes (“City”) is
committed to preserving and nurturing public access and participation in meetings of the
legislative bodies; and
WHEREAS, all meetings of the legislative bodies of City are open and public, as
required by the Ralph M. Brown Act (Gov. Code §§ 54950 – 54963), so that any member
of the public may attend, participate, and watch the legislative bodies conduct their
business; and
WHEREAS, the Brown Act, Government Code § 54953(e), makes provision for
remote teleconferencing participation in meetings by members of a legislative body,
without compliance with the requirements of Government Code § 54953(b)(3), subject to
the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the
Governor pursuant to Government Code § 8625, proclaiming the existence of conditions
of disaster or of extreme peril to the safety of persons and property within the state caused
by conditions as described in Government Code § 8558; and
WHEREAS, a proclamation is made when there is an actual incident, threat of
disaster, or extreme peril to the safety of persons and property within the jurisdictions that
are within the City’s boundaries, caused by natural, technological or human -caused
disasters; and
WHEREAS, it is further required that state or local officials have imposed or
recommended measures to promote social distancing, or, the legislative body meeting in
person would present imminent risks to the health and safety of attendees; and
WHEREAS, starting in March 2020, in response to the spread of COVID-19 in the
State of California, the Governor Proclaimed a State of Emergency and issued a number
of executive orders aimed at containing the COVID-19 virus; and
A-1
Resolution No. 2022-__
Page 2 of 4
WHEREAS, the City Council previously adopted Resolution No. 2020-11 on March
17, 2020 ratifying the declaration of the existence of a local emergency within the City of
Rancho Palos Verdes in response to COVID-19 and finding that the requisite conditions
exist for the legislative bodies of the City to conduct remote teleconference meetings
without compliance with paragraph (3) of subdivision (b) of section 54953; and
WHEREAS, as a condition of extending the use of the provisions found in section
54953(e), the City Council must reconsider the circumstances of the state of emergency
that exists in the City, and City Council has done so; and
WHEREAS, emergency conditions persist in the City, specifically, a state of
emergency has been proclaimed related to COVID-19, community transmission of
COVID-19 in Los Angeles County has rapidly increased from low to high due to the highly
contagious Delta variant of COVID-19 which has emerged, Los Angeles County officials
are imposing and recommending measures to promote social distancing, masking by all,
regardless of vaccination status, in an effort to slow the continuously high trends in and
level of transmission of COVID-19 throughout the State and Los Angeles County; and
WHEREAS, the Centers for Disease Control and Prevention (“CDC”) conti nue to
recommend physical distancing of at least 6 feet from others outside of the household
WHEREAS, because of the rise in cases due to the Delta variant of COVID-19,
the Los Angeles County Health Department is concerned about the health and safety of
all individuals who intend to attend public meetings.
WHEREAS, the City Council does hereby find and determine that the presence
of COVID-19 and the increase of cases due to the Delta variant will continue to cause
conditions of peril to the safety of pe rsons within the City that are likely to be beyond the
control of services, personnel, equipment, and facilities of the City, and desires to affirm
a local emergency exists and re-ratify the proclamation of state of emergency by the
Governor of the State of California; and
WHEREAS, as a consequence of the local emergency persisting, the City Council
does hereby find and determine that the legislative bodies of the City shall continue to
conduct their meetings without compliance with paragraph (3) of subdivision (b) of
Government Code § 54953, as authorized by subdivision (e) of section 54953, and that
such legislative bodies shall continue to comply with the requirements to provide the
public with access to the meetings as prescribed in paragraph (2) of sub division (e) of
section 54953; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND ORDER A FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and
are incorporated into this Resolution by this reference.
A-2
Resolution No. 2022-__
Page 3 of 4
Section 2. Affirmation that Local Emergency Persists. The City Council
hereby considers the existing conditions of the state of emergency in the City and
proclaims that a local emergency persists thro ughout the City, and consistent with the
provisions of Government Code § 54953(e), the legislative body finds and determines
that (1) a state of emergency related to COVID-19 is currently in effect; (2) local officials
in Los Angeles County, including the Department of Public Health, have imposed or
recommended measures to promote social distancing in connection with COVID-19; and
(3) due to the COVID-19 emergency, meeting in person would present imminent risks to
the health and safety of some attendees. Based on such facts, findings and
determinations, the City Council authorizes staff to continue conducting remote
teleconference meetings and/or hybrid meetings of the City Council and Planning
Commission, including Advisory Boards and Committee meetings, under the provisions
of Government Code Section 54953(e).
Section 3. Re-ratification of Governor’s Proclamation of a State of Emergency.
The City Council hereby re-ratifies the Governor of the State of California’s Proclamation
of State of Emergency, effective as of its issuance date of March 4, 2020.
Section 4. Remote Teleconference Meetings. The staff and legislative bodies
of the City are hereby authorized and directed to take all actions necessary to carry out
the intent and purpose of this Resolution including, continuing to conduct open and public
meetings in accordance with Government Code § 54953(e) and other applicable
provisions of the Brown Act.
Section 5. Effective Date of Resolution. This Resolution shall take effect
immediately upon its adoption and shall be effective until the earlier of (i) September 30,
2022, or such time as the City Council adopts a subsequent resolution in accordance with
Government Code § 54953(e)(3) to extend the time during which the legislative bodies of
the City may continue to teleconference without compliance with paragraph (3) of
subdivision (b) of section 54953.
PASSED, APPROVED AND ADOPTED this 16th day of August 2022.
David L. Bradley, Mayor
Attest:
_______________________________
Teresa Takaoka, City Clerk
A-3
Resolution No. 2022-__
Page 4 of 4
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the above Resolution No. 2022-__, was duly adopted by the City Council of said City at
a regular meeting thereof held on August 16, 2022.
_______________________________
Teresa Takaoka, City Clerk
A-4