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DAI`IVILLE ADMINISTRATIVE STAFF REPORT S.8
TO: Mayor and Town Council January 12, 2021
SUBJECT: Resolution No. 4-2021, setting the time and place for regular meetings of the
Danville Town Council
BACKGROUND
The Brown Act (Government Code Section 54954(a) requires every council and commission
to set the time and place for their regular meetings. This process is important not only
because it determines the notice required for the meeting, but also because certain business
items can only be approved at regular, not special, meetings. The established start time for
Town Council meetings was set by Resolution No. 42-2018 (7:30 pm) while the location (the
Town Meeting Hall) is found in Section 2-1.1 of the Municipal Code. Specific meeting dates
are established annually through a Council resolution.
During the COVID pandemic, the State of California has allowed local jurisdictions to meet
entirely via video or teleconference, with no physical presence. Both the Governor's
executive order and Municipal Code Section 2-1.2 allow for the flexibility not to meet at the
Town Meeting Hall. As part of the move to Zoom meetings, the Town has also moved the
start time of the meetings to 5:00 p.m. This has meant that all meetings have been identified
and noticed as special, not regular meetings. Given that these Zoom meetings will likely be
continuing for some time, it is appropriate at this time to identify the location and start time
so that those meetings can be considered regular meetings for purposes of the Brown Act.
DISCUSSION
The attached resolution reflects the Town Council's current practice of holding what will be
regular meetings via Zoom beginning at 5:00 p.m. The resolution has no expiration date
because at this point it is impossible to know when we will be able to resume in person
meetings. Once that information becomes clear, Town staff will bring forward another
resolution to note that fact.
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public.
FISCAL IMPACT
None.
RECOMMENDATION
Adopt Resolution No. 4-2021, setting the time and place for regular meetings of the Danville
Town Council.
Prepared and Reviewed by:
Robert B. Ewing
City Attorney
Attachment: Resolution No. 4-2021
Regular Meeting Schedule 2 January 12, 2021
DocuSign Envelope ID: 8988720B-7864-4A4E-A45E-8B42OD7EO3F2
RESOLUTION NO. 4-2021
SETTING THE TIME AND PLACE FOR REGULAR MEETINGS OF THE
DANVILLE TOWN COUNCIL
WHEREAS, the Brown Act (Government Code Section 54954) requires that all local
legislative bodies take formal action to establish the time and location of their regular
meetings; and
WHEREAS, prior to the onset of the COVID-19 pandemic, the Danville Town Council's
regular meetings were set for 7:30 p.m. at the Town Meeting Hall; and
WHEREAS, in response to the pandemic, the Governor issued Executive Order N-29-20,
allowing all local legislative bodies to hold their meetings solely via teleconference with
no need for any physical presence at the regular meeting location; and
WHEREAS, the Danville Town Council has and will continue for the duration of the
pandemic to hold all regular meetings via teleconference and, in order to facilitate staff
availability, to start all regular meetings at 5:00 p.m.; now, therefore, be it
RESOLVED, that the Town Council sets the start time for all of its regular meetings as
5:00 p.m., with all regular meetings to be held via teleconference. The Town will continue
to monitor the ability to return to live, in-person meetings consistent with health and
safety protocols.
APPROVED by the Danville Town Council at a regular meeting on January 12, 2021 by
the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
MAYOR
APPROVED AS TO FORM: ATTEST:
•DOCUSigned by:
1ZaGtix
R. Ewk.,g
496 "BF49F
CITY ATTORNEY
CITY CLERK