HomeMy WebLinkAboutAgenda Packet_04212020A G E N D A
SPECIAL MEETING OF THE CITY COUNCIL
Tuesday,April 21,2020 ~4:30 PM
ALL COUNCIL MEMBERS AND STAFF WILL PARTICIPATE VIA TELECONFERENCE
SCHELLY SUSTARSIC
MAYOR
Fourth District
JOE KALMICK
MAYOR PRO TEM
First District
THOMAS MOORE
COUNCIL MEMBER
Second District
MIKE VARIPAPA
COUNCIL MEMBER
Third District
SANDRA MASSA-LAVITT
COUNCIL MEMBER
Fifth District
This Agenda contains a brief general description of each item to be considered.No action or discussion shall be taken on
any item not appearing on the agenda,except as otherwise provided by law.Supporting documents,including agenda
staff reports,and any public writings distributed by the City to at least a majority of the Council Members regarding any
item on this agenda are available for review on the City website at www.sealbeachca.gov.
City Council meetings are broadcast live on Seal Beach TV3 and on the City's website www.sealbeachca.gov).Check
the SBTV3 schedule for rebroadcast of —meetings are available on-demand on the website (starting 2012).meeting
In compliance with the Americans with Disabilities Act of 1990,if you require disability -related modification or
accommodation to attend or participate in this meeting,including auxiliary aids or services,please call the City Clerk'
s office at (562)431 -2527 at least 48 hours prior to the meeting.
NOTICE REGARDING PUBLIC OBSERVATION AND PARTICIPATION IN THE
SPECIAL CITY COUNCIL MEETING
To comply with Governor Newsom’s Executive Order N-29-20 and the Amended Order
and Guidance of the Orange County Health Officer issued March 18,2020 the City of
Seal Beach hereby gives notice of the “means by which members of the public may
observe the meeting and offer public comment”for the Special City Council meeting on
April 21,2020.Due to the need for social distancing and the prohibition on public
gatherings set forth in the County Health Officer’s Order,all participation in the above-
referenced Special Meeting will be by teleconference for the Members of the City
Council and staff.Because of the unique nature of the emergency there will NOT be a
physical meeting location and all public participation will be electronic.
PUBLIC COMMENT:Members of the public may submit comments on any item ON
this Special Meeting agenda only via email to the City Clerk at
gharper@sealbeachca.gov .All email comments the City Clerk receives before the start
of the meeting will be posted on the City website and distributed to City Council.Email
comments received after that time will be posted on the City’s website and forwarded to
the City Council after the meeting.
THIS NOTICE AND ELECTRONIC PARTICIPATION PROVISIONS SET FORTH IN
THIS NOTICE ARE PROVIDED PURSUANT TO SECTION 3 OF EXECUTIVE ORDER
N-29-20.
CALL TO ORDER
COUNCIL ROLL CALL
PUBLIC COMMUNICATIONS (Via Email Only)
At this time members of the public may address the Council regarding the items on this
Special Meeting agenda.Pursuant to the Brown Act,the Council cannot discuss or take
action on any items not on the agenda unless authorized by law.
Those members of the public wishing to provide comment are asked to send comments
via email to the City Clerk at gharper@sealbeachca.gov before 4:30 pm on April 21,
2020.Comments provided via email will be posted on the City website for review by the
public.Any documents for review should be sent to the City Clerk prior to the meeting
for distribution.
NEW BUSINESS
A.A Resolution of the Seal Beach City Council Confirming the Second,Third and Fourth
Supplemental Orders to the Proclamation of a Local Emergency Issued by the City
Manager/Director of Emergency Services -That the City Council:1.Review the current
state of local emergency and consider whether to confirm Supplements 2-4 to the
Proclamation of Local Emergency related to the COVID-19 virus,as required by the Seal
Beach Municipal Code;and,2.Adopt Resolution 7016 at the recommendation of the City
Manager and City Attorney.
CLOSED SESSION
B.Conference with Chief of Police and City Attorney regarding potential threats to the
security of public facilities and essential public services posed by the spread of the
COVID-19 virus pursuant to Government Code Section 54957(a).
ADJOURNMENT
Adjourn the City Council to Monday,April 27,2020 at 5:30 p.m.to meet in closed
session,if deemed necessary.
AGENDA STAFF REPORT
DATE:April 21, 2020
TO:Honorable Mayor and City Council
THRU:Jill R. Ingram, City Manager
FROM:Craig A. Steele, City Attorney
SUBJECT:A Resolution of the Seal Beach City Council Confirming the
Second, Third and Fourth Supplemental Orders to the
Proclamation of a Local Emergency issued by the City
Manager/Director of Emergency Services
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council:
1. Review the current state of local emergency and consider whether to
confirm Supplements 2-4 to the Proclamation of Local Emergency related
to the COVID-19 virus, as required by the Seal Beach Municipal Code;
and,
2. Adopt Resolution 7016 at the recommendation of the City Manager
and City Attorney.
BACKGROUND AND ANALYSIS:
The State of California is currently in a state of emergency related to the spread
of the COVID-19 virus. Most residents have been ordered to stay at home and
many businesses are closed. The City of Seal Beach and Orange County have
issued similar emergency proclamations. The City Council ratified the City
Manager’s Proclamation of Local Emergency and supplemented it on March 19,
2020. Since then the City Manager, with the advice of the Chief of Police, issued
three additional supplements to the Proclamation of Local Emergency:
Supplement Two, issued March 23, 2020 closed a number of public facilities
where gatherings in violation of applicable public health orders could occur.
Supplement Three, issued April 10, 2020 required that the parking lots at certain
public parks be closed for the Easter holiday weekend to prevent traditional large
gatherings in the parks.
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Supplement Four, issued April 11, 2020 requires that people wear face coverings
when they leave their homes for various permitted purposes, and that specified
Essential Workers in grocery stores, drug stores, pharmacies and restaurants
wear gloves and face masks when working.
Staff will present an oral report regarding the efficacy of the Supplements and the
current status of the Proclamation of Emergency in the City.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Manager is permitted by the Municipal Code to issue certain regulations
during a local emergency for the protection of life and property. The
Supplements issued are within her emergency authority. Section
3.25.020(A)(7)(a) requires that the City Council confirm or repeal such
regulations “at the earliest practical time.” Further, Government Code Section
8630 provides that the City Council should review the need for continuing the
local emergency at least once every 60 days. Although Governor Newsom has
waived that time requirement for the duration of this emergency, the City
Manager and City Attorney believe that periodic review by the City Council is a
good practice that should be maintained.
FINANCIAL IMPACT:
There is no direct financial impact from this item.
STRATEGIC PLAN:
This item is an emergency item and has not been evaluated for applicability to
the Strategic Plan.
MEASURE BB:
This item is not applicable to Measure BB, the Seal Beach Neighborhood and
Essential Services Protection Measure.
OPTIONS:
The Council’s options are to:
1. Adopt the Resolution confirming the Supplements to the Local Emergency
Proclamation.
2. Do not confirm one or more Supplements.
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RECOMMENDATION:
That the City Council:
1. Review the current state of local emergency and consider whether to
confirm Supplements 2-4 to the Proclamation of Local Emergency related
to the COVID-19 virus, as required by the Seal Beach Municipal Code;
and,
2. Adopt Resolution 7016 at the recommendation of the City Manager
and City Attorney.
COUNCIL ACTION REQUIRED:
If the City Council decides to confirm the Supplements, the appropriate motion
would be a motion to adopt Resolution 7016.
SUBMITTED BY: NOTED AND APPROVED:
Craig A. Steele Jill R. Ingram
Craig A. Steele, City Attorney Jill R. Ingram, City Manager
ATTACHMENTS:
A. Resolution 7016
RESOLUTION 7016
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
CONFIRMING THE SECOND, THIRD AND FOURTH
SUPPLEMENTAL ORDERS TO THE PROCLAMATION OF A
LOCAL EMERGENCY ISSUED BY THE CITY
MANAGER/DIRECTOR OF EMERGENCY SERVICES
WHEREAS, on March 13, 2020 the City Manager, as the Director of Emergency
Services, proclaimed a Local Emergency for the 2020 Coronavirus Pandemic
pursuant to Seal Beach Municipal Code Section 3.25.020, to protect public
health, safety and welfare, and to enhance the City’s ability to mobilize local
resources, coordinate interagency response, accelerate procurement of vital
supplies, use mutual aid, and seek potential reimbursement by the State and
Federal governments; and,
WHEREAS, the City Council ratified and supplemented the Proclamation of Local
Emergency in an open meeting on March 19, 2020; and,
WHEREAS, the City Manager, as the Director of Emergency Services acting with
the advice of the Chief of Police, further issued Supplements Two, Three and
Four to the said Local Emergency Proclamation on March 23, April 10, and April
11, 2020 respectively; and,
WHEREAS, the continuing public health emergency in the City and the nation
require extraordinary and temporary measures to “flatten the curve” and slow the
spread of the COVID-19 virus to protect lives and avoid overwhelming the public
health system; and,
WHEREAS, the Supplements to the Proclamation of Local Emergency are
necessary to protect public health, safety, life and property in the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. That the City Council has reviewed, at the earliest practical time, the
previously-ratified Proclamation of Local Emergency for the 2020 Coronavirus
Pandemic and Supplements One through Four, inclusive, as attached hereto,
pursuant to Seal Beach Municipal Code Sections 3.25.020(A)(2) and
3.25.020(A)(7)(a), and taken reports from staff regarding the continuing
emergency status in the City.
Section 2. The City Council hereby confirms the Supplemental Orders issued
by the City Manager to date and confirms that the Local Emergency
Proclamation, as supplemented, remains necessary for the protection of life and
property.
PASSED, APPROVED, and ADOPTED by the City Council at a special meeting
held on the 21st day of April, 2020 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Schelly Sustarsic, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7016 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a special
meeting held on the 21st day of April, 2020.
Gloria D. Harper, City Clerk