RESOLUTION NO. 2022-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
AUTHORIZING THE USE OF REMOTE TELECONFERENCED MEETINGS OF THE CITY COUNCIL PURSUANT TO ASSEMBLY BILL 361
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency in the State of California, as defined under the California Emergency Services Act, due to the COVID19 pandemic; and WHEREAS, on March 6, 2020, the Monterey County Administrative Officer issued a similar declaration of “local health emergency” regarding COVID-19 for Monterey County, which was subsequently ratified by the Monterey County Board of Supervisors on March 10, 2020; and
WHEREAS, on March 17, 2020, due to the threats posed by COVID-19, Governor Newsom issued Executive Order N-29-20, which suspended certain requirements of Government Code Section 54950 et seq., the Ralph M. Brown Act (“Brown Act”), in order to allow local legislative bodies to conduct meetings telephonically or electronically without a physical meeting place; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which stated that the provisions suspending requirements of the Brown Act in Executive Order N-29-20 would remain in effect through September 30, 2021, at which point the suspensions would expire; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 into law, an urgency measure effective upon adoption, amending the Brown Act to allow legislative bodies to continue to meet remotely during a proclaimed State of Emergency, when either state or local officials have imposed or recommended measures to promote social distancing, or the legislative body determines that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, the State of Emergency proclaimed by the Governor on March 4, 2020, and local health emergency declarations remain in effect; and WHEREAS, on September 28, 2021, the Monterey County Board of Supervisors adopted an ordinance requiring the use of face coverings indoors for all persons over the age of two regardless of vaccination status, and implementation of the ordinance’s requirements have been triggered by COVID-19 rates in the County; and
WHEREAS, in addition to the County’s masking ordinance, the California Department of Public Health has mandated that masks be worn in all indoor public settings in the State, irrespective of vaccine status from December 15, 2021 through February 15, 2022; and WHEREAS, in recent months, the COVID-19 Delta Variant and the highly contagious Omicron Variant have emerged, causing an increase in positive cases and hospitalizations locally and throughout the State of California, the Unites States and other parts of the world; and WHEREAS, according to the CDC’s “Community Transmission” metric, which provides a four-tiered system that measures the level of community transmission in each county, Monterey County was reported as having a “High” Community Transmission rate, with 2,446 cases reported in a seven-day period as of January 10, 2022, a 300% increase; and WHEREAS, due to the continued significant impact of the Delta and Omicron Variants, and a recent surge in Omicron cases, the City is concerned about the health and safety of officials, staff and public attendees at public meetings should they be held in person and in a shared indoor public meeting space, and
WHEREAS, in light of the foregoing, the Council desires to take action necessary to comply with AB 361 to allow the Council to continue to permit remote meeting participation or entirely remote Council meetings; and
WHEREAS, in order to maintain consistency in its determination that remote meeting procedures should be implemented to avoid the imminent risks of COVID-19 to health and safety in the City, the Council also believes that all meetings of City-related legislative bodies should be conducted so as to allow remote participation or entirely remote meetings.
NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Gonzales as follows:
1. All of the recitals set forth above are true and correct to the best of its knowledge and by this reference are incorporated herein as findings.
2. The Council hereby acknowledges that the Governor’s State of Emergency proclamation issued on March 4, 2020, remains in effect.
3. The Council finds that due to the emergence of the Delta Variant, and the highly contagious Omicron Variant, and the continued threat of COVID-19, holding wholly in-person Council meetings could present an imminent risk to the health and safety of attendees.
4. The Council is 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 to allow teleconferenced meetings and remote meeting participation.
5. In order to maintain internal consistency in meeting procedures throughout the City, the Council finds that holding wholly in-person meetings of City-related legislative bodies subject to the Brown Act would also present imminent COVID-19 related risks to the health and safety of attendees, and that as such, said bodies are directed and authorized to implement the actions taken by the Council pursuant to this resolution to allow teleconferenced meetings and remote meeting participation. This finding and directive shall apply to all City-related legislative bodies subject to the Brown Act, including but not limited to the Gonzales Planning Commission, the Gonzales Recreation Commission, the Measure K Advisory Committee, and the Measure X Subcommittee.
6. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of thirty days from the adoption of this Resolution or such time the Council adopts a subsequent resolution in accordance with Government Code Section 54953(e)(3) to extend the time during which the Council may continue teleconferencing without compliance with the Brown Act’s prior rules regarding teleconferencing.
PASSED AND ADOPTED by the City Council of the City of Gonzales, County of Monterey, State of California, this 18
th day of January, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
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Jose L. Rios, The Honorable Mayor
ATTEST:
___________________________________
Mary Villegas, Deputy City Clerk