HomeMy Public PortalAbout21-15-CRJPA - Findings Related to the Continues existence of a State of Emergency Due to COVID-19 and Re-Authorizing the Meetins of the Legislative Bodies of the City of Carson, CSA and CHA Auhtority to be Conducted Via Remote TeleconferencingRESOLUTION NO. 21-15-CRJPA
A RESOLUTION OF THE CARSON RECLAMATION JOINT POWERS AUTHORITY, MAKING
FINDINGS RELATED TO THE CONTINUED EXISTENCE OF A STATE OF EMERGENCY DUE TO
COVID-19 AND RE-AUTHORIZING THE PUBLIC MEETINGS OF THE LEGISLATIVE BODIES
OF THE AUTHORITY TO BE CONDUCTED VIA REMOTE TELECONFERENCING IN
ACCORDANCE WITH GOVERNMENT CODE SECTION 54953(e) FOR A CONTINUED 30-DAY
PERIOD.
WHEREAS, the Carson Reclamation Joint Powers Authority (“Carson Reclamation Authority” or
“Authority”) is committed to preserving and nurturing public access and participation in meetings of the
legislative body (as that term is defined in Government Code §54952, including commissions, boards and
committees subject to the Brown Act) of the Authority; and
WHEREAS, all meetings of the Authority Board 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 Board conduct its 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 emergency that 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 Section 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 Authority, in response to the outbreak of respiratory illness due
to a novel coronavirus (a disease now known as 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 and
proclaiming the existence of a local emergency in the City in response to COVID-19. The Authority thereafter
conducted all of its public meetings via remote teleconferencing consistent with the declaration of local
emergency and executive orders issued by the Governor, until October 4, 2021, when they adopted
Resolution No. 21-13 CRJPA pursuant to AB 361, making an initial determination that the requisite
conditions existed for the Authority to conduct remote teleconference meetings without compliance with
Government Code section 54953(b)(3), as authorized by Government Code section 54953(e) et seg., and
thereafter conducted their public meetings accordingly; and
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WHEREAS, Government Code Section 54953(e) et seq. also requires, as a condition of authorization
of a legislative body to continue to conduct its public meetings via remote teleconferencing in accordance
with the provisions of Government Code Section 54953(e) in lieu of compliance with Government Code
section 54953(b)(3) for each continued 30-day period, that the legislative body reconsider the circumstances
of the state of emergency and find that (i) state or local officials continue to impose or recommend measures
to promote social distancing or (ii) meeting in person would present imminent risk to the health and safety
of attendees; and
WHEREAS, pursuant to Government Code section 54953(e), the Authority Board has 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 Authority; 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
WHEREAS, the Carson Reclamation Authority does hereby intend that, as a consequence of the
persisting state of emergency and the imposed or recommended social distancing measures, the Authority
Shall be authorized to 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 Authority shall 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 Authority and its
Staff will give notice of the manner by which members of the public may access the Authority’s 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 the Authority directly.
NOW, THEREFORE, CARSON RECLAMATION AUTHORITY BOARD DOES 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 Carson Reclamation Authority Board, having reconsidered the conditions of the
State of emergency as proclaimed by the Governor, including the emergency conditions existing within its
jurisdictional boundaries, hereby finds, determines, acknowledges, and reaffirms that: (1) a proclaimed
Statewide state of emergency, as well as a proclaimed local emergency (as such proclamations, states of
emergency, or associated rules or restrictions may have been amended since their initial proclamation),
both remain in effect and persist within and encompassing the jurisdictional boundaries of the Authority;
and (2) State and local (LA County) officials continue to impose or recommend measures to promote social
RESOLUTION NO. 21-15-CRJPA
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distancing in connection with the state of emergency.
SECTION 3. The Authority 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
Authority 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 Authority Board adopts a subsequent resolution
in accordance with Government Code § 54953(e)(3) to further extend the time during which the Board 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 Board Secretary shall certify to the adoption of this Resolution and enter it into the
book of original Resolutions.
[signatures on following page]
RESOLUTION NO. 21-15-CRJPA
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PASSED, APPROVED AND ADOPTED this 1°t day of November, 2021.
APPROVED AS TO FORM: CARSON RECLAMATION AUTHORITY,
a public body
Sunny Soltani, Authority Counsel Hla Davis-Holmes, Authority Chair
ATTEST:
yey Ly Lecectet FA
Joy Simarago, Deputy Authority Secretary
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON
|, Joy Simarago, Deputy Authority Secretary of the Carson Reclamation Joint Powers Authority, hereby attest to and certify that the foregoing resolution, being Resolution No. 21-15-CRJPA, adopted by the Carson Reclamation Joint Powers Authority Board at its meeting held on November 1, 2021, by the following vote:
AYES: AUTHORITY BOARD MEMBERS: Davis-Holmes, Hicks, Aldridge, Jr., Thomas
NOES: AUTHORITY BOARD MEMBERS: None
ABSTAIN: AUTHORITY BOARD MEMBERS: None
ABSENT: AUTHORITY BOARD MEMBERS: Hopson
Joy Simarago, Deputy Authority Secretary
RESOLUTION NO. 21-15-CRJPA
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