HomeMy WebLinkAbout071922-06.4
ADMINISTRATIVE STAFF REPORT 6.4
TO: Mayor and Town Council July 19, 2022
SUBJECT: Resolution No. 55-2022, approving the continued use of teleconferencing for
the meetings of all Town legislative bodies other than the Town Council
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 July 19, 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.
Beginning on July 19, 2022, the Town Council began to conduct its meetings in person,
without use of Zoom. The Town Council can make this transition safely given the number
of attendees (both Council and Town staff) at these meetings. However, because of the
configuration of the Town Meeting Hall dais and the size of the Town’s commissions (they
typically have 7-8 members as opposed to 5 members of the Town Council), there are
additional safety concerns for those meetings which will require additional time to work
through before returning those bodies to in person meetings. Therefore, the attached
resolution continues the use of AB 361 for all Town legislative bodies other than the Town
Council for the next 30 days. The Town will continue to monitor safety of all public
meetings.
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public.
FISCAL IMPACT
None.
RECOMMENDATION
Adopt Resolution No. 55-2022, approving the continued use of teleconferencing for the
meetings of all Town legislative bodies other than the Town Council pursuant to the
provisions of AB 361.
Prepared by:
Robert B. Ewing
City Attorney
Attachment: Resolution No. 55-2022
RESOLUTION NO. 55-2022
APPROVING THE CONTINUED USE OF TELECONFERENCING FOR THE
MEETINGS OF ALL TOWN LEGISLATIVE BODIES OTHER THAN THE TOWN
COUNCIL PURSUANT TO THE PROVISIONS OF AB 361
WHEREAS, in response to the COVID-19 pandemic, the Governor declared a State of
Emergency and subsequently adopted an Executive Order allowing the legislative bodies
of local governments to meet remotely via teleconference so long as other provisions of
the Brown Act were followed; and
WHEREAS, on September 15, 2021, the Governor signed into law, as an urgency
measure, AB 361, which allows for the continued use of remote meetings by local
legislative bodies subject to certain conditions, which must be reconsidered every 30
days; and
WHEREAS, on behalf of all legislative bodies for the Town of Danville, the Danville
Town Council has considered the current state of health guidance related to public
meetings in Contra Costa County; and
WHEREAS, the Town Council returned to in person meetings effective July 19, but due
to the size of the Town’s commissions and the limited seating at the Town Meeting Hall
dais, finds it necessary to continue with remote meetings for the next 30 days for all other
Town legislative bodies to promote public health and safety; now, therefore, be it
RESOLVED, that the Danville Town Council approves the continued use of
teleconferencing for public meetings of Town legislative bodies other than the Town
Council and its subcommittees for the next 30 days based on the following findings
required by Government Code Section 549539(e), as amended by AB 361:
• The entire State of California remains under a proclaimed state of emergency as
declared by the Governor of the State of California on March 4, 2020, related to the
COVID-19 pandemic.
• The California Department of Public Health continues to strongly recommend the
use of face coverings in indoor settings. The Health Officer for Contra Costa
County updated their “Recommendations for Safely Holding Public Meetings” on
July 5, 2022. Those updated recommendations continue to “strongly recommend”
on-line meetings given still high transmission rates, that local agencies should
provide options for the public to participate without having to attend meetings in
person, and that social distancing should be used, including six feet of spacing
between all in attendance.
DocuSign Envelope ID: A0664964-3EC0-4B80-832A-6A4382CFD8DF
PAGE 2 OF RESOLUTION NO. 55-2022
and; be it further
RESOLVED, that this determination by the Danville Town Council shall apply to all of
the Town’s legislative bodies other than the Town Council, as defined by the Ralph M.
Brown Act. Those legislative bodies are:
Town Council-Danville Area Chamber of Commerce liaison meeting
Planning Commission
Design Review Board
Heritage Resource Commission
Historic Design Review Committee
Parks, Recreation and Arts Commission
Arts Advisory Board
Senior Advisory Commission
Bicycle Advisory Commission
APPROVED by the Danville Town Council at a regular meeting on July 19, 2022, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
______________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________________ ______________________________
CITY ATTORNEY CITY CLERK
DocuSign Envelope ID: A0664964-3EC0-4B80-832A-6A4382CFD8DF