HomeMy WebLinkAboutCC Reso 2022-01 RESOLUTION NO. 2022-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY, AUTHORIZING THE CITY COUNCIL AND
COMMISSIONS TO IMPLEMENT TELECONFERENCE
ACCESSIBILITY FOR CONDUCTING PUBLIC MEETINGS PURSUANT
TO AB 361
WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of
Emergency to exist in California as a result of the threat of novel coronavirus disease
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2019 (COVID-19); and
WHEREAS, on March 12, 2020, the Governor of California executed Executive Order N-
25-20 which suspended and modified specified provisions in the Ralph M. Brown Act
(Government Code Section § 54950 et seq.) and authorized local legislative bodies to
hold public meetings via teleconferencing and to make public meeting accessible
telephonically or otherwise electronically to all members of the public seeking to observe
and address the local legislative body; and
WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-
29-20 which superseded and replaced the provisions of Executive Order N-25-20 related
to the Brown Act and teleconferencing; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-
08-21 which extended the provisions of Executive Order N-29-20 concerning
teleconference accommodations for public meetings through September 30, 2021; and
WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly
Bill 361 amending Government Code § 54953 and permitting members of a legislative
body to teleconference into a meeting without having to comply with the requirements of
subdivision (b)(3) Government Code § 54953 during a proclaimed state of emergency if
a) State or local officials are imposing or recommending measures to promote social
distancing, or b) the body finds that "as a result of the emergency, meeting in person
would present imminent risks to the health or safety of attendees;" and
WHEREAS, AB 361 imposes requirements to ensure members of the public are able to
attend and participate in public meetings of a legislative body conducted via
teleconference, including:
• 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;
• The legislative body shall take no further action on agenda items when there is a
disruption which prevents the public agency from broadcasting the meeting, or in
the event of a disruption within the local agency's control which prevents members
of the public from offering public comments, until public access is restored;
• Prohibits the legislative body from requiring public comments to be submitted in
advance of the meeting and specifies that the legislative body must provide an
opportunity for members of the public to address the legislative body and offer
comments in real time;
• Prohibits the legislative body from closing the public comment perioduntil the
public comment period has elapsed or until a reasonable amount of time has
elapsed; and
WHEREAS, on October 13, 2021, the City Council adopted Resolution 2021-30, on
November 10, 2021, the City Council adopted Resolution 2021-33 and on December 8,
2021, the City Council adopted Resolution 2021-37 all finding that requiring in person
attendance to participate in Council and Commission meetings would present imminent
risks to the health or safety of attendees based upon the guidance of the Centers for
Disease Control and Prevention (CDC), California Department of Public Health (CDPH),
and/or County of Riverside, as applicable and given the higher prevalence of COVID-19
in Riverside County than in other parts of the State. Teleconferencing will provide
increased meaningful participation options for both members of the legislative body and
members of the public in a manner that protects the health and safety of the attendees,
their families and other close contacts.
WHEREAS, pursuant to Government Code § 54953(e)(3), a legislative body that holds a
meeting via teleconference pursuant to AB 361 must reconsider the circumstances of the
state of emergency and make findings every 30 days to continue to meet via
teleconference.
THEREFORE, BE IT RESOLVED by the City Council of the City of Cathedral City,
California, as follows:
SECTION 1. The City Council hereby declares that the recitals set forth above are true
and correct, and incorporated into this resolution as findings of the City Council.
SECTION 2. The City of Cathedral City continues to follow safety measures in response
to COVID-19 as ordered or recommended by the Centers for Disease Control and
Prevention (CDC), California Department of Public Health (CDPH), and/or County of
Riverside, as applicable. Based upon that guidance, in person attendance indoors at
public meetings continues to present an imminent risk to the health and safety of
attendees and those attendees have close contact with after attending a meeting in
person. The City Council desires to ensure that all persons desiring to attend public
meetings may do so in a manner that protects the health and safety of the attendees,
their families and other close contacts. As of January 3, 2022, data from CDPH shows
that Riverside County has a daily new COVID-19 case rate of 43.4 case per 100,000 in
population and a COVID-19 test positivity rate of 21.6%. These numbers are in line with
the statewide data of 46.0 new cases per 100,000 in population and a 15.9% test positivity
rate. Given the fact that Riverside County has a high transmission rate, requiring in person
attendance to participate in Council and Commission meetings would present imminent
risks to the health or safety of attendees. Teleconferencing will provide increased
meaningful participation options for both members of the legislative body and members
of the public in a manner that protects the health and safety of the attendees, their families
and other close contacts.
SECTION 3. The City Council hereby declares that, pursuant to the findings in Sections
1 and 2, the City Council and all other City legislative bodies subject to the Brown Act are
authorized to utilize teleconferencing to conduct public meetings pursuant to AB 361 and
Government Code § 54953, as amended thereby.
SECTION 4. The City staff is directed to agendize for Council consideration no less than
every 30 days consideration of the need to continue with teleconferenced meetings as
allowed by AB 361.
SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion
of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Resolution. The City Council hereby declares that it would have
adopted this Resolution and each and every section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared
unconstitutional.
SECTION 6. This Resolution shall become effective immediately upon adoption.
PASSED, APPROVED AND ADOPTED, at a meeting of the City Council of the City of
Cathedral City, California, on this 12th day of January, 2022.
nesto Gutierrez, Mayor
ATTEST:
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Tracey R. M.artinez, City Clerk V
APPROVED AS TI FORM:
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Eric S. Vail, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF CATHEDRAL CITY )
I, Tracey Martinez, City Clerk of the City of Cathedral City, California, hereby certify that
Resolution No. 2022-01 was adopted by the City Council of the City of Cathedral City at
a regular meeting held on the 12th day of January, 2022, and that the same was adopted
by the following vote:
AYES: Councilmembers Gregory, Ross and Carnevale; Mayor Pro Tern Lamb
and Mayor Gutierrez
NOES: None
ABSTAIN: None
ABSENT: None
zirTRACE`S MAR IT NEZ, CITY RK
CITY OF CATHEDRAL CI