ekESWL`1_TT#M RATIFTIRG TME FII1DIRGb-P1Ra1[ART T* AB 361 AMID RE-AlTMORIZIRG RE-114—TE TELECONFERENCING FOR 30 DAYS
FEBRUARY 8, 2022
AB 361 contains several requirements in order to continue the use of remote meetings. The key provisions include:
* There must be a state of emergency declared under the California Emergency Services Act. This means the Governor must have declared the emergency. � During that state of emergency, either state or local officials must have imposed or recommen ed measures to promote social distancing; and/or conditions exist where meeting in person would present an imminent risk to the health or safety of attendees.
Notice of the meeting must still be given in compliance with the Brown Act, and the notice mus; include the means by which the public may access the meeting and provide public comment.
* The public must be provided access to the meeting via a call -in option or internet- based service option and allowed to "address the legislative body directly." * The meeting must be conducted "in a manner that protects the statutory and constitutional rights of the -parties and the public appearing before the legislative body." 0 If there is a disruption to the meeting broadcast or in the ability to take call -in or internet-based public comment, no further action can be taken on agenda items until the issue is resolved.
of the meeting.
The public must be allowed to make "real time" public comment. If the agency provides a ;imed public comment period, the public comment period must be left open until the time expires.
AB 361 requires that the Council ratify the findings required under AB 361 and re -authorize the use of remote teleconferencing every 30 days. The attached Resolution is presented to the City Council for its consideration.
The Resolution confirms and reaffirms that the State of California is still under an emergency declaration regarding COVID-19 and that local health officials continue to recommend social distancing to help slop the spread of the virus. "I'le 'micron cases and hospitalizations are on Ul L I L 11 L L11 U I L11 I VVIII %..# U I I the decline, the County Public Health Department advises the public that the risk of infection remains and recommends the use of protective measures such as mask, social distancing and avoiding large gatherings to reduce the risk of infections and hospitalizations. Consequently, the ..... .....
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RESOLUTION RATIFYING THE FINDINGS PURSUANT TO AB 361 AND RE -AUTHORIZING REMOTE TELECONFERENCING FOR 30 DAYS
2022
FISCAL IMPACT
ATTACHMENT
Resolution Ratifying the Findingsr► AB 361 and Re -Authorizing Use •' Remote Teleconferencing for 30 Days
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WHEREAS, the Legislature recently enacted Assembly Bill 361 (AB 361), which amended Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of distancing or if meeting in person would present imminent risks to the health or safety of attendees; and
WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-1 9 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effe and I
WHEREAS, on March 18, 2020, pursuant to Downey Municipal Code section 2434, the City Manager, acting as the Director of Emergency Services for the City • Downey, proclaimed the existence of a Local Emergency due to the spread of COVID-19, which the Downey City Council ratified at its regular meeting on March 24, 2020, and this proclaimed state of emergency currently remains in effect; and
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• transmissible Omicron Variant, as identified • the • Angeles • Department • • Health and the Center for Disease Control; and
Irie Jse U1 plute(al"re me I Id5K5, 5QUal U151ar](Ang arIU aVOICIII-19 091 to reduce infections rates in the County; and
WHEREAS, as a result, the current state • the emergency • to impact the ability • the public to safely meet in person; and
WHEREAS, the City Council of the City of Downey has reconsidered the circumstances • the state • emergency; and
WHEREAS, state or local officials continue to recommend measures to promote social distancing to prevent the spread of COVI D-1 9 and the Omicron Variant; and WHEREAS, the Omicron Variant infection rate in Los Angeles County is on the decline • the risk • infection and hospitalizations remain such that meeting in person would present imminent risks to the health and safety • attendees; and
WHEREAS, the City Council of the City of Downey desires to hold virtual or hybrid meetings pursuant to AB 361 and Government Code section 54953(e) implementing AB 361's requirements for providing virtual and remote public participation in the meetings.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES '-JIEREBY RESOLVE AS FOLLOWS:
SECTION 2. The City Council and all other legislative bodies of the City of Downey created by the City Council or created through its City Charter shall continue to meet virtually or conduct hybrid meetings in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3) based upon the findings and determinations hereby made by the City Council. Public participation in meetings shall be remote and virtual in compliance with AB 361.
SECTION 3. This Resolution is in effect for 30 days from the effective date of thfm Resolution, unless further extended by the City Council. I III IT I IIIIII! INTI! 11111! 1 111
BLANCA PACHECO, Mayor
MARIA ALICIA DUARTE, CMC
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular Meeting held on the 8th day of February, 2022, by the following vote, to wit:
AYES:
Council MembersE
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN,
Council Member:
MARIA ALICIA DUARTE, CMC
City Clerk