HomeMy Public PortalAbout22-23-CRJPA - Proclaiming a Local Emergency, Ratifying the Proclomation of a State of Emergency by the State's Executive Orders N-25-20, N-29-220, and N-35-20, Making Findings as Required by AB 361 and Authorizing Remote Teleconferece MeetingsRESOLUTION NO. 22-23-CRJPA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARSON
RECLAMATION AUTHORITY PROCLAIMING A LOCAL EMERGENCY,
RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY THE
STATE’S EXECUTIVE ORDERS N-25-20, N-29-20, AND N-35-20, MAKING
FINDINGS AS REQUIRED BY AB 361, AND AUTHORIZING REMOTE
TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODY OF THE
CARSON RECLAMATION AUTHORITY FOR THE PERIOD OF OCTOBER 7,
2022 THROUGH NOVEMBER 6, 2022 PURSUANT TO BROWN ACT
PROVISIONS
WHEREAS, international, national, state, and local health and governmental authorities are
responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS- CoV-2,”
and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19 (“COVID-
19”); and
WHEREAS, on March 4, 2020 the Governor of the State of California declared a state of
emergency to make additional resources available, formalize emergency actions already underway across
multiple state agencies and departments, and help the State prepare for the broader spread of COVID-
19; and
WHEREAS, on March 11, 2020, the World Health Organization (“WHO”) characterized COVID-19
as a pandemic; and
WHEREAS, on March 13, 2020, the President of the United States declared a national emergency
and announced that the federal government would make emergency funding available to assist state
and local governments in preventing the spread of and addressing the effects of COVID-19; and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of
Public Health declared a local emergency and local public health emergency to aid the regional
healthcare and governmental community in responding to COVID-19; and
WHEREAS, on September 16, 2021, the Governor signed into law Assembly Bill No. 361 (“AB
361”), which, until January 1, 2024, authorizes a local agency to use teleconferencing under AB 361’s
abbreviated procedures without complying with the traditional teleconferencing requirements imposed
by the Brown Act when a legislative body of a local agency holds a meeting during a declared state of
emergency, when state or local health officials have imposed or recommended measures to promote
social distancing or when the legislative body has determined that meeting in person would present
imminent risks to the health or safety of attendees; and
WHEREAS, the LACDPH’s Health Officer Order, issued September 17, 2021, states that “COVID-
19 daily cases and community transmission remain high”; that community transmission is “highly likely
to increase during the coming weeks as we start to move towards the Winter
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months when respiratory viruses, like influenza and SARS-CoV-2, have spread more easily”; and that the
Delta variant is “two times as contagious as early COVID-19 variants and continues to lead to increased
infections”; and
WHEREAS, the Board desires to proclaim a local emergency and ratify the proclamation of the
state of emergency by the Governor of the State of California and the City of Carson’s Resolution No. 20-
053, which was unanimously adopted by the City Council on March 17, 2020 declaring a local state of
emergency; and
WHEREAS, the Board shall comply with the provisions of AB 361, which requires legislative
bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give
notice of the meetings and post agendas, as described, to allow members of the public to access the
meeting and address the legislative body, to give notice of the means by which members of the public may
access the meeting and offer public comment, including an opportunity for all persons to attend via a call-
in option or an internet-based service option, and to conduct the meetings in a manner that protects the
statutory and constitutional rights of the parties and the public appearing before the legislative body;
and
WHEREAS, the modifications to the Brown Act under AB 361 include the following:
e In each instance in which notice of the time of the teleconferenced meeting is given or the
agenda for the meeting is posted, the legislative body shall also give notice of the manner by
which members of the public may access the meeting and offer public comment
e The agenda shall identify and include an opportunity for all persons to attend via a call- in
option or an internet-based service option
e The legislative body shall allow members of the public to access the meeting, and the
agenda shall include an opportunity for members of the public to address the legislative body
directly
e In the event of a disruption which prevents the local agency from broadcasting the meeting
to members of the public using the call-in option or internet-based service option, or in the
event of a disruption within the local agency’s control which prevents members of the public
from offering public comments using the call-in option or internet-based service option, the
legislative body shall take no further action on items appearing on the meeting agenda until
public access to the meeting via the call-in option or internet-based service option is
restored
e Written/remote public comment must be accepted until the point at which the public
comment period is formally closed; registration/sign-up to provide/be recognized to provide
public comment can only be closed when the public comment period is formally closed
WHEREAS, the Carson Reclamation Authority (“Authority”) is committed to preserving and
nurturing public access and participation in meetings of the Board of Directors (“Board”) of the
Authority; and
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WHEREAS, all meetings of the Authority’s Board are intended to remain open and public, as
required by the Ralph M. Brown Act (Cal. Gov. Code 54950 — 54963), so that any member of the public
may attend, participate, and watch the Authority’s Board conduct their business; and
WHEREAS, the Ralph M. Brown Act, Government Code Sections 54950-54963 (“Brown Act”),
allows for meetings of legislative bodies of a local agency, as those terms are defined in the Brown Act, to
occur via teleconferencing subject to certain requirements, particularly that the legislative body notice
each teleconference location of each member that will be participating in the public meeting, that each
teleconference location be accessible to the public, and that members of the public be allowed to
address the legislative body at each teleconference location, see Government Code Section 54953(b)(3);
and
WHEREAS, in light of the continuing State and local declarations of emergency resulting from the
COVID-19 pandemic, especially with the increase of cases and hospitalizations due to the Delta variant
and the Omicron variant, the continuing recommendation by Los Angeles County public health officials of
measures to promote social distancing, and the imminent risks to the health and safety of attendees at
meetings conducted in person, the Board desires to make the findings required by AB 361 to allow the
Board to meet under AB 361’s abbreviated teleconferencing procedures; and
WHEREAS, as a consequence of the declared local emergency, the Board of the Authority does
hereby find that the legislative body of the Carson Reclamation Authority shall conduct meetings
without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as
authorized by subdivision (e) of Government Code section 54953, and that such legislative body shall
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 BOARD OF DIRECTORS OF THE CARSON RECLAMATION AUTHORITY DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by
this reference.
Section 2. The Board hereby finds that the State and local declarations of emergency resulting from the
COVID-19 pandemic remain in place.
Section 3. The Board finds that local officials, namely the Los Angeles County Department of Public
Health, have continued to recommend measures to promote social distancing for public meetings.
Section 4. The Board hereby finds that as a result of the emergency resulting from the COVID-19
pandemic, in-person meetings of the Board would present imminent risks to the health and safety of
attendees, including in particular, members of the public attending such meetings.
RESOLUTION NO. 22-23-CRJPA
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Section 5. As a result of the findings in Section 2 through 4 above, the Board is authorized to conduct
meetings under AB 361’s abbreviated teleconferencing procedures, without complying with the
requirements set forth in Government Code Section 54953(b)(3), subject to compliance with the
requirements set forth in Government Code Section 54953(e)(2).
Section 6. The Executive Director and the Board of the Carson Reclamation Authority 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 remote teleconference meetings in
accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
Section 5. If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held
to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this Resolution. The Board hereby declares that it
would have passed this Resolution and each and every section, subsection, sentence, clause, or phrase
no declared invalid or unconstitutional without regard to whether any portion of this Resolution would
be subsequently declared invalid or unconstitutional
Section 7. This Resolution shall take effect immediately upon its adoption and shall be effective until the
earlier of (i) November 6, 2022, or such time the Board of the Authority adopts a subsequent resolution
in accordance with Government Code section 54953(e)(3) to extend the time during which the Board of
the Carson Reclamation Authority may continue to teleconference without compliance with paragraph
(3) of subdivision (b) of Government Code section 54953. The Authority Secretary shall certify to the
adoption of this Resolution.
RESOLUTION NO. 22-23-CRJPA
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PASSED, APPROVED AND ADOPTED this 3” day of October 2022.
APPROVED AS TO FORM: CITY OF CARSON:
Sunny K. Soltani, Authority Counsel Mila Davis-Holmes, Chair
ATTEST:
K Pnadalaus
Dr. Khaleah K. Bradshaw, Authority Secretary
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
|, Dr. Khaleah K. Bradshaw, Secretary of the Carson Reclamation Joint Powers Authority, hereby attest to
and certify that the foregoing resolution, being Resolution No. 22-23-CRJPA, adopted by the Carson
Reclamation Joint Powers Authority Board at its meeting held on October 3, 2022, by the following vote:
AYES: COUNCIL MEMBERS: Davis-Holmes, Hicks, Aldridge, Jr., Hopson, Thomas
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMEBES: None
ABSENT: COUNCIL MEMBERS: None
Dr. Khaleah K. Bradshaw, authority Secretary
RESOLUTION NO. 22-23-CRJPA
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