CC RES 2023-003 RESOLUTION NO. 2023-03
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 FEBRUARY 1, 2023
THROUGH FEBRUARY 28, 2023 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 the 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
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, the Governor's COVID-19 declared state of emergency remains in full
force and effect such that, pursuant to AB 361, the City Council, and its various
subordinate bodies, may continue to meet by teleconference until January 1, 2024
provided the City Council adopts, not later than 30 days after teleconferencing for the first
time pursuant and every 30 days thereafter, a resolution confirming that state or local
officials continue to impose a state of emergency arising from or related COVID-19.
WHEREAS, the City Council does hereby find and determine that the presence
of COVID-19 continues to cause conditions of peril to the safety of persons 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 subdivision (e) of
section 54953; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and
are incorporated into this Resolution by this reference.
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 throughout 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
Resolution No 2023-03
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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) February 28,
2023, 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 17th day of January 2023.
„,„ ___
Barba . erraro, Mayor
Attest:
T-rea Takaoka, City Clerk
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. 2023-03, was duly adopted by the, City Council of said City at
a regular meeting thereof held on January 17, 2023.
Te a Takaoka, City Clerk
Resolution No 2023-03
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