RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, CONFIRMING EMERGENCY
CONDITIONS CONTINUE TO DIRECTLY IMPACT THE
ABILITY OF LEGISLATIVE BODIES TO MEET SAFELY IN
PERSON, AND AUTHORIZING REMOTE
TELECONFERENCE MEETINGS OF CITY LEGISLATIVE
BODIES FOR 30 DAYS, PURSUANT TO BROWN ACT
PROVISIONS.
WHEREAS, the Council is committed to preserving and nurturing public access and participation in meetings of all City legislative bodies; and WHEREAS, meetings of City legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a require d condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and
1 of 3
Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval:
Resolution No.
2 of 3
WHEREAS, on March 4, 2020, Governor Newsom declared a state of emergency in the State of California related to COVID -19, and such state of emergency remains in effect, and additionally on August 1, 2022, Governor Newsom declared a state of emergency related to Monkeypox, which remains in effect; and WHEREAS, the State of California continues to recommend social distancing, including quarantine for individuals who are COVID positive or symptomatic; and WHEREAS, as a consequence of the state of emergency, the Council does hereby find that the legislative bodies of the City shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and
WHEREAS, meetings will continue to be conducted and broadcast electronically, with the opportunity for electronic participation by the public via Zoom, and shall comply with all provisions of Government Code Section 54953(e).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The Council hereby reconsiders the circumstances of the state of emergency, and finds the State of California to still be actively under a Governor- declared state of emergency.
2. The members of the Council find that either the state of emergency continues to directly impact the ability of the Council to safely meet in person, and/or state 3 of 3
or local officials continue to impose or recommended measures to promote social distancing.
3. The legislative bodies, Administration, and staff of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
4. This resolution shall be retroactively effective to January 15, 2023, and shall remain in effect for thirty days from the date of adoption * * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Vote: , 2023
TODD STERMER, CMC
City Clerk
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Amanda B. Freeman Date
Senior Deputy City Attorney
By:
Deputy Date