HomeMy Public PortalAbout21-150 Making Findings Related to the Continued Existence of a State of Emergency Due to COVID-19 and Re-Authorizing the Meetings of the Legislative Bodies of the City of Carson, CSA and CHA to be Conducted Via Remote TeleconferencingRESOLUTION NO. 21-150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, THE
CARSON HOUSING AUTHORITY BOARD, AND THE CARSON SUCCESSOR AGENCY
BOARD, MAKING FINDINGS RELATED TO THE CONTINUED EXISTENCE OF A STATE OF
EMERGENCY DUE TO COVID-19 AND RE-AUTHORIZING THE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF CARSON, CARSON SUCCESSOR AGENCY AND
CARSON HOUSING AUTHORITY TO BE CONDUCTED VIA REMOTE TELECONFERENCING
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 54953(e) FOR A CONTINUED 30-
DAY PERIOD.
WHEREAS, the City Council of the City of Carson (“City”), the Carson Successor Agency Board, and
the Carson Housing Authority Board are committed to preserving and nurturing public access and
participation in meetings of the legislative bodies (as that term is defined in Government Code §54952,
including commissions, boards and committees subject to the Brown Act) of the City, the Carson Successor
Agency, and the Carson Housing Authority (collectively, the “Legislative Bodies”); and
WHEREAS, all meetings of the Legislative Bodies are open and public as required by the Ralph M.
Brown Act, Government Code §§ 54950 et seq., so that any member of the public may attend, participate,
and observe the Legislative Bodies conduct their business; and
WHEREAS, the Brown Act, at Government Code § 54953(e), as amended by Assembly Bill
361 (AB) effective October 1, 2021, allows for remote teleconferencing observation and participation in
public meetings by members of a Legislative Body and members of the public, without compliance with
the provisions of Government Code § 54953(b)(3), for an initial 30-day period and for continued 30-day
periods thereafter, provided certain conditions are met; and
WHEREAS, one required condition is that the meeting is held during a state of emergencythat has
been 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 and within
the boundaries of the local agency, caused by conditions as described in Government Code § 8558; and
WHEREAS, on March 4, 2020, pursuant to Government Code § 8625, Governor Newsom declared
the existence of a state of emergency for the State of California, which includes the entire area within the
jurisdictional boundaries of the City, the Carson Successor Agency and the Carson Housing Authority, in
response to the outbreak of COVID-19, and thereafter issued a number of executive orders aimed at
containing COVID-19, including suspending certain requirements of the Brown Act to facilitate the conduct
of public meetings of local government agencies via remote teleconferencing; and
WHEREAS, on March 17, 2020, the City Council adopted Resolution No. 20-053, declaring
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RESOLUTION NO. 21-150
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and proclaiming the existence of a local emergency in the City in response to COVID-19. The Legislative
Bodies thereafter conducted all of their meetings via remote teleconferencing consistent with the
declaration of local emergency and executive orders issued by the Governor, until October 5, 2021, when
they adopted Resolution No. 21-132 pursuant to AB 361, making an initial determination that the requisite
conditions existed for the Legislative Bodies to conduct remote teleconference meetings without
compliance with Government Code § 54953(b)(3), as authorized by Government Code § 54953(e) et seq.,
and thereafter conducted their meetings accordingly; and
WHEREAS, Government Code Section 54953(e) et seg. also requires, as a condition of
authorization of a legislative body to continue to conduct its meetings via remote teleconferencing in
accordance with the provisions of Government Code § 54953(e) in lieu of compliance with Government
Code § 54953(b)(3) for each continued 30-day period, that either the state of emergency remains active or
state or local officials have imposed or recommended measures to promote socialdistancing, and that the
legislative body finds, by majority vote, that it has reconsidered the circumstances of the state of
emergency and any of the following circumstances exist: (i) the state of emergency continues to impact
the ability of the members to meet safely in person; or (ii) State or local officials continue to impose
recommended measures to promote social distancing; and
WHEREAS, pursuant to Government Code section 54953(e), the City Council, Housing Authority
Board, and Successor Agency Board have now reconsidered the circumstances of the state of emergency;
and
WHEREAS, a proclaimed state of emergency persists and continues to encompass the entire area
within the jurisdictional boundaries of the City, the Carson Housing Authority and the Carson Successor
Agency; and
WHEREAS, State of California and Los Angeles County Department of Public Health officials
continue to impose or recommend measures to promote social distancing, as reflected by (without
limitation) current State and County Public Health Officer Orders and related orders and guidance; and
WHEREAS, the City Council, Carson Successor Agency Board and Carson Housing Authority Board
do hereby intend that, as a consequence of the persisting state of emergency and the imposed or
recommended social distancing measures, the Legislative Bodies shall be authorizedto continue to conduct
their meetings without compliance with paragraph (3) of subdivision (b) of Government Code § 54953, as
authorized by subdivision (e) of Government Code § 54953, and that the Legislative Bodies shall be
authorized to instead comply with the requirements to provide the public with access to the meetings as
prescribed in paragraph (2) of subdivision (e) of Government Code § 54953, throughout the effective
period of this Resolution; and
WHEREAS, consistent with AB 361, during the effectiveness of this Resolution, the Legislative
Bodies meeting pursuant to the requirements of Government Code § 54953(e)(2) and their staff will give
notice of the manner by which members of the public may access the Legislative Bodies’ meetings and offer
public comment, identify and include an opportunity for all persons to attend via a call-in option or an
internet-based service option, and allow members of the public to access the meeting, and the agenda
Shall include an opportunity for members of the public to address
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the Legislative Body directly.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, THE CARSON
SUCCESSOR AGENCY BOARD, AND THE CARSON HOUSING AUTHORITY BOARD, DO HEREBY RESOLVE,
DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by reference.
SECTION 2. The City Council, Carson Successor Agency Board and Carson Housing Authority Board
find as follows: (1) they have reconsidered the circumstances of the state of emergency; (2) the state of
emergency remains active within their jurisdictional boundaries; and (3) State and local (Los Angeles
County) officials continue to impose or recommend measures to promote social distancing.
SECTION 3. The Legislative Bodies and staff are hereby authorized to take all actions necessary to
carry out the intent and purpose of this Resolution, including conducting open and public meetings of the
Legislative Bodies in accordance with Government Code § 54953(e) and other applicable provisions of the
Brown Act.
SECTION 4. This Resolution shall take effect immediately upon its adoption and shall be effective
either (i) for 30 days, or (ii) until such time as the City Council, Carson Successor Agency Board, and/or
Carson Housing Authority Board adopt a subsequent resolution in accordance with Government Code §
54953(e)(3) to further extend the time during which the Legislative Bodies may continue to teleconference
without compliance Government Code §54953(b)(3), but otherwise as permitted by Government Code
section 54953(e) et seq.
SECTION 5. Should any provision, section, paragraph, sentence or word of this Resolution be
rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of
any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this
Resolution as hereby adopted shall remain in full force and effect.
SECTION 6. The City Clerk/Board Secretary shall certify to the adoption of this Resolutionand enter
it into the book of original Resolutions.
[signatures on following page]
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RESOLUTION NO. 21-150
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PASSED, APPROVED AND ADOPTED this 3"¢ day of November, 2021.
APPROVED AS TO FORM:
Sunny K. Soltani, City Attorney
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF CARSON
|, Joy Simarago, Deputy City Clerk of the City of Carson, California, hereby attest to and certify that the
foregoing resolution, being Resolution No. 21-150 adopted by the City of Carson City Council at its meeting
CITY OF CARSON:
AON Lula Vis-Holmes, I yor C
ATTEST:
We) xf ; ( le CCE. a A J
Joy Simarago, Deputy City Clerk
)
) ss.
held on November 3, 2021, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMEBES:
ABSENT: COUNCIL MEMBERS:
01007.0001/747905.1
Davis-Holmes, Dear, Hilton, Hicks
None
None
None
gm A ne OLAk SN |
Joy Simarago, Deputy City Clerk
RESOLUTION NO. 21-150
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