HomeMy Public PortalAbout23-01-CRJPA - MAKING FINDINGS RELATED TO THE CONTINUED EXISTENCE OF A STATE OF EMERGENCY DUE TO COVID-19 AND RE-AUTHORIZING THE PUBLIC MEETINFS OF THE LEGISLATIVE BODIES OF THE AUTHORITY TO BE CONDUCTED VIA REMOTE TELECONFERENCINGRESOLUTION NO. 23-01-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 (JANUARY 4, 2023 THROUGH FEBRUARY 2, 2023).
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 seg., 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
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meetings without compliance with Government Code section 54953(b)(3), as authorized by Government
Code section 54953(e) et seq., and thereafter conducted their public 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 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 have reimposed mask mandates in
the face of record numbers of new infections; 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
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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 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]
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PASSED, APPROVED AND ADOPTED this 3" day of January 2023.
APPROVED AS TO FORM: CITY OF CARSON:
Sunny K. Soltani, Authority Counsel dla Davis-Holmes, Chair
ATTEST:
A uo
v = s — SS —
Dr. Khaleah K. Bradshaw, Authority Secretary
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
|, Dr. Knaleah K. Bradshaw, Secretary of the Carson Reclamation Joint Powers Authority, hereby attest to and
certify that the foregoing resolution, being Resolution No. 23-01-CRJPA, adopted by the Carson Reclamation
Joint Powers Authority Board at its meeting held on January 3, 2023, 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 44 L | )
Dr. Khaleah K. Bradshaw, Authority Secretary
RESOLUTION NO. 23-01-CRJPA
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