HomeMy Public PortalAbout06. Resolution Confirming Existence of COVID-19 Emergency1►0
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1997 -
File #: 4315
Claremont City Council
Agenda Report
TO: ADAM PIRRIE, CITY MANAGER
FROM: JAMIE EARL, ASSISTANT CITY MANAGER
DATE: J U LY 26, 2022
SUBJECT:
Item No: 6.
Reviewed by:
City Manager: AP
RESOLUTION RECONFIRMING THE EXISTENCE OF A STATE OF EMERGENCY DUE TO THE
COVID-19 PANDEMIC
SUMMARY
COVID-19 pandemic. Included in these orders was California Governor Gavin Newsom's Executive
Order N-29-20, which waived physical -presence requirements of the Ralph M. Brown Act (the Brown
Act), and authorized local agencies to meet remotely during the declared state of emergency brought
on by the risk to health and safety of attendees due to the COVID-19 pandemic, and the desire to
limit the spread of the virus. Executive Order N-29-20 was set to expire on September 30, 2021.
Due to the COVID-19 Delta variant and restrictions on indoor spaces continuing, on September 16,
2021, Governor Newsom signed into law Assembly Bill 361 (AB 361), extending the authority of
public agencies to conduct meetings by teleconference, including video conference, during the
COVID-19 pandemic. Accordingly, Claremont City meetings governed by the Brown Act will continue
to meet via Zoom Communications while these emergency conditions exist. Participation instructions
will be included on each published agenda.
As a requirement of AB 361, the City Council must reconsider the continuing need for virtual
meetings at least every thirty days. The City Council must find each time that it has reconsidered the
circumstances of the state of emergency, and the state of emergency continues to directly impact the
ability of attendees to meet safely in person, when: (1) state and local officials continue to impose or
recommend measures to promote social distancing, and/or (2) the City Council has determined, by
majority vote, that, as a result of the emergency, meeting in person would present imminent risks to
the health or safety of attendees.
Reconsideration of the continuing need to meet remotely, including adoption of a resolution
(Attachment) will be a standing Consent Calendar item on each regular Claremont City Council
agenda while emergency conditions exist.
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RECOMMENDATION
Staff recommends that the City Council, in consideration of the ongoing state of emergency due to
the COVID-19 pandemic, and existing public health orders, adopt A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, RECONFIRMING THE EXISTENCE OF A
STATE OF EMERGENCY DUE TO THE COVID-19 PANDEMIC.
ALTERNATIVES TO RECOMMENDATION
In addition to the staff recommendation, there are the following alternatives:
• Request additional information.
• Do not adopt the resolution.
FINANCIAL REVIEW
The staff cost to research and prepare this report is estimated at $764 and is included in the
operating budget of the Administrative Services Department.
ANALYSIS
The Governor's Executive Order N-29-20, which waived all physical -presence requirements under
the Brown Act as a means of limiting the spread of COVID-19 was set to expire on September 30,
2021.
In light of the on -going pandemic, on September 16, 2021, Governor Newsom signed AB 361,
allowing local agencies to continue to hold meetings virtually during a proclaimed state of emergency
when: (1) state or local officials have imposed or recommended measures to promote social
distancing and/or (2) the legislative body of the local agency has determined, by majority vote, that,
as a result of the emergency, meeting in person would present imminent risks to the health or safety
of attendees (Gov. Code § 54953(e)(1)).
As a requirement of AB 361, the City Council must reconsider the continuing need for virtual
meetings at least every thirty days. The City Council must find each time that it has reconsidered the
circumstances of the state of emergency, and the state of emergency continues to directly impact the
ability of attendees to meet safely in person.
When the state of emergency is terminated by State and County officials, an item will be brought to
the City Council terminating the local state of emergency declared by the City Manager on March 14,
2020; ratified and proclaimed by the City Council on March 19, 2020.
RELATIONSHIP TO CITY PLANNING DOCUMENTS
Staff has evaluated the agenda item in relationship to the City's strategic and visioning documents
and finds that it applies to the following: City Council Priorities and the 2022-24 Budget.
CEQA REVIEW
In accordance with the California Environmental Quality Act (CEQA), this matter is covered by the
general rule that CEQA applies only to projects that have the potential for causing a significant effect
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on the environment in accordance with Section 15061(b)(3) of the Guidelines. The proposed action of
monitoring the continued existence of a state of emergency for the purposes of allowing for
teleconferenced meetings, does not result in a physical change to the environment that can be
associated with the action. Therefore, CEQA does not apply, and no environmental review is needed.
PUBLIC NOTICE PROCESS
The agenda and staff report for this item have been posted on the City website and distributed to
interested parties. If you desire a copy, please contact the City Clerk's Office.
Submitted by:
Jamie Earl
Assistant City Manager
Attachment:
Resolution
Prepared by:
Shelley Desautels
City Clerk
CLAREMONT Page 3 of 3 Printed on 7/21/2022
ATTACHMENT
RESOLUTION NO.2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAREMONT,
CALIFORNIA, RECONFIRMING THE EXISTENCE OF A STATE OF EMERGENCY DUE
TO THE COVID-19 PANDEMIC
WHEREAS, on March 4, 2020, Governor Newsom of the State of California
declared a State of Emergency in response to the COVID-19 (Corona Virus Disease 19)
pandemic; and
WHEREAS, on March 4, 2020, the Health Officer of Los Angeles County
determined that there is an imminent and proximate threat to the public health from the
introduction of COVID-19 in Los Angeles County and declared a Local Health Emergency
and the Los Angeles County Board of Supervisors concurrently proclaimed the existence
of a local emergency for the County of Los Angeles; and
WHEREAS, on March 11, 2020 the World Health Organization (WHO) publicly
characterized COVID-19 as a pandemic; and
WHEREAS, on March 13, 2020, the President of the United States declared a
National Emergency due to the continue spread and the effects of COVID-19; and
WHEREAS, on March 14, 2020, the City Manager acting in her capacity as
Director of Emergency Services took steps to declare the existence of a local emergency
with the adoption of Resolution No. 2020-16, and the City Council ratified and proclaimed
the existence of a local emergency on March 19, 2020 through the adoption of Resolution
2020-17; and
WHEREAS, on March 17, 2020 Governor Newsom of the State of California issued
Executive Order N-29-20 in a further effort to confront and contain COVID-19 that among
other things suspended certain provision of the Ralph M. Brown Act providing local
agencies with greater flexibility to hold meetings via teleconferencing; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361
(2020-2022) ("AB 361") amending the Ralph M. Brown Act providing local agencies with
greater flexibility to hold meetings via teleconferencing during a proclaimed state of
emergency when: (1) state or local officials have imposed or recommended measures to
promote social distancing and/or (2) the legislative body of the local agency has
determined, by majority vote, that, as a result of the emergency, meeting in person would
present imminent risks to the health or safety of attendees (Gov. Code § 54953(e)(1));
and
WHEREAS, in order to continue holding meetings via teleconferencing, AB 361
requires the legislative body to periodically make the findings set forth in Section
54953(e)(3) of the California Government Code.
Resolution No. 2022-
Page 2
NOW THEREFORE, THE CLAREMONT CITY COUNCIL DOES HEREBY
RESOLVE:
SECTION 1. That the above recitals are true and correct.
SECTION 2. That the City Council does hereby find the following:
A. A state of emergency has been proclaimed pursuant to Section 8625 of the
California Emergency Services Act (Article 1 [commencing with Section 8550]
of Chapter 7 of Division 1 of Title 2); and
B. The City Council has reconsidered the circumstances of the state of
emergency; and
C. The state of emergency continues to directly impact the ability of the members
of legislative bodies to meet safely in person; and
D. State and local officials continue to impose or recommend measures to
promote social distancing.
SECTION 3. Based on such facts, findings, and determinations, the City Council
hereby authorizes the conduct of City meetings to continue remotely.
SECTION 4. The City Council will reconsider the state of emergency at its next
regular meeting date.
SECTION 5. That the Mayor shall sign this resolution and the City Clerk shall attest
and certify to the passage and adoption thereof.
PASSED, APPROVED, AND ADOPTED this 26th day of July, 2022.
Mayor, City of Claremont
ATTEST:
City Clerk, City of Claremont
APPROVED AS TO FORM:
City Att hey, City of Claremont