HomeMy WebLinkAbout011122-05.4
ADMINISTRATIVE STAFF REPORT 5.4
TO: Mayor and Town Council January 11, 2022
SUBJECT: Resolution No. 1-2022, approving the continued use of teleconferencing
for the meetings of all Town legislative bodies pursuant to the provisions
of AB 361
BACKGROUND
On March 4, 2020, Governor Newsom declared a State of Emergency in response to the
COVID-19 pandemic. Both the Town and Contra Costa County have also adopted states
of emergency for the same reason. All of these declarations remain in effect. On March
17, 2020, the Governor issued Executive Order N-29-20, suspending certain provisions of
the Brown Act in response to the COVD-19 pandemic. In short, those orders allowed
local governments to conduct their meetings 100% remotely, so long as members of the
public still had the ability to view, listen and comment on items on the agenda. That
Order expired on September 30, 2021. On September 15, 2021, the Governor signed into
law AB 361, an urgency measure (meaning it became effective immediately) which
largely continues the Executive Orders allowing for remote meetings, with certain
restrictions.
Based on the Executive Order, the Town implemented the use of Zoom for all meetings
of the Town Council, commissions, committees and boards. This has promoted public
safety while allowing for ongoing public engagement.
DISCUSSION
AB 361 contains several requirements in order to continue the use of remote meetings.
These include:
• There must be a state of emergency declared under the California Emergency
Services Act. This effectively means the Governor must have declared the
emergency.
• During that state of emergency, either state or local officials have imposed or
recommended measures to promote social distancing, or that meeting in person
would present an imminent risk to the health or safety of attendees.
• In order to continue to utilize remote meetings, the Town Council must reconsider
the factors above every 30 days and adopt specified findings that the facts relied
upon still exist.
AB 361 Findings for Teleconferencing 2 January 11, 2022
The Town adopted an initial resolution (Resolution No. 59-2021) under AB 361 on
October 5, 2021, applicable to all of the Town’s legislative bodies (as defined in the Brown
Act) and has continued to adopt resolutions continuing the ability to teleconference. As
of the date of this meeting, all of the conditions identified in the prior resolutions remain
unchanged: the State of California is still under an emergency declaration regarding
COVID-19, and both state and local health officials continue to recommend social
distancing to help stop the spread of the virus. The attached resolution will continue
these findings for another 30 days.
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public.
FISCAL IMPACT
None.
RECOMMENDATION
Adopt Resolution No. 1-2022, approving the continued use of teleconferencing for the
meetings of all Town legislative bodies pursuant to the provisions of AB 361.
Prepared by:
Robert B. Ewing
City Attorney
Attachment: Resolution No. 1-2022