AGENDA ITEM #
JOINT STAFF REPORT
TO: City Council, Housing Authority
Board, Library and Observatory
Board, Community Services
District Board, and Joint Powers
Financing Authority Board
DATE: January 20, 2022
FROM: Kristie Ramos, City Clerk
SUBJECT: Assembly Bill No. 361 Regarding Continued Remote Board Meetings
SPECIFIC REQUEST OR RECOMMENDATION
That the City Council and Board of Directors of the City of Rancho Mirage Housing Authority, Rancho Mirage Library and Observatory, City of Rancho Mirage Community Services District, and City of Rancho Mirage Joint Powers Financing Authority, jointly adopt Joint Resolution No. (Next- in-Order), Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, and Authorizing Continued Remote Teleconference Meetings of the City Council and Affiliates Agencies and All Other City-Affiliated Brown Act Bodies.
JUSTIFICATION OR INFORMATION
BACKGROUND
The Governor recently signed Assembly Bill 361 (AB 361) into law, which took effect immediately.
AB 361 permits legislative bodies subject to the Brown Act to continue to hold remote (teleconference/video internet) meetings until January 1, 2024. Pursuant to AB 361, if a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference, legislative bodies must make the following findings by majority vote no later than 30 days after its first remote meeting under AB 361, and every 30 days thereafter:
The legislative body has reconsidered the circumstances of the state of emergency; and Any of the following circumstances exist:
o The state of emergency continues to directly impact the ability of the members to meet safely in person; or
o State or local officials continue to impose or recommend measure to promote social distancing.
On November 18, 2021, City Council and Affiliated Agencies adopted a joint resolution making findings pursuant to Government Code Section 54953, as amended by AB 361, and authorizing continued remote teleconference meetings of the City Council and Affiliated Agencies and all other 3-1
Date: January 20, 2022 Page 2 of 2
AB 361 Continued Remote Board Meetings
JUSTIFICATION OR INFORMATION CONTINUED:
AGENDA ITEM #
City-affiliated Brown Act Bodies. In order to continue conducting remote meetings under AB 361, these findings must be reconsidered every 30 days.
ATTACHMENT(S):
1. Joint resolution regarding Assembly Bill No. 361.
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ATTACHMENT 1
RESOLUTION
(SEE ATTACHED)
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1 JOINT RESOLUTION NOS. 2022-___,
2022-HA-___, 2022-SA-___, 2022-LB-___,
2022-CSD-___, AND 2022-JPFA-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE; THE
BOARD OF DIRECTORS OF THE CITY OF RANCHO MIRAGE HOUSING
AUTHORITY, SUCCESSOR AGENCY TO THE FORMER RANCHO MIRAGE REDEVELOPMENT AGENCY; RANCHO MIRAGE LIBRARY AND OBSERVATORY; CITY OF RANCHO MIRAGE COMMUNITY SERVICES DISTRICT; AND THE CITY OF
RANCHO MIRAGE JOINT POWERS FINANCING AUTHORITY (COLLECTIVELY, “CITY COUNCIL AND AFFILIATED AGENCIES”) MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54953, AS AMENDED BY ASSEMBLY BILL 361,
AND AUTHORIZING CONTINUED REMOTE TELECONFERENCE MEETINGS OF THE
CITY COUNCIL AND AFFILIATED AGENCIES AND ALL OTHER CITY-AFFILIATED
BROWN ACT BODIES
WHEREAS, the City of Rancho Mirage is a charter city and a municipal corporation of the State of California, and recognized as a political subdivision of State of California for certain purpose; and
WHEREAS, the City Council and Affiliated Agencies are committed to preserving and nurturing public access and participation in meetings of the City Council and Affiliated Agencies and all City-affiliated bodies subject to the Brown Act (collectively “Brown Act Bodies”), including all Boards and Commissions; and
WHEREAS, as amended by AB 361, the Brown Act, as set forth in 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 required condition is that a state of emergency is declared by the Governor pursuant to Government Code Section 8625; and 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
WHEREAS, as a result of the COVID-19 pandemic, the Governor proclaimed a state of emergency on March 4, 2020 (the “State of Emergency”), in accordance with Section 8825 of the California Emergency Act, and the state of emergency remains active; and
WHEREAS, as a result of the COVID-19 pandemic, the California Department of Health and Riverside County Health Department continues to recommend measures to promote social distancing; and
WHEREAS, pursuant to AB 361, City Council and Affiliated Agencies adopted Joint Resolution Nos. 2021-45, 2021-HA-03, 2021-SA-01, 2021-LB-03, 2021-CSD-02, 3-4
2 and 2021-JPFA-01, on October 21, 2021, authorizing all Brown Act Bodies to continue to conduct public meetings in accordance with Government Code Section 54953(e); and
WHEREAS, pursuant to AB 361, City Council and Affiliated Agencies adopted Joint Resolution Nos. 2021-51, 2021-HA-05, 2021-SA-02, 2021-LB-04, 2021-CSD-04, and 2021-JPFA-02, on November 18, 2021, authorizing all Brown Act Bodies to continue to conduct public meetings in accordance with Government Code Section 54953(e); and
WHEREAS, pursuant to AB 361, City Council and Affiliated Agencies adopted Joint Resolution Nos. 2021-54, 2021-HA-06, 2021-SA-03, 2021-LB-05, 2021-CSD-05, and 2021-JPFA-03, on December 16, 2021, authorizing all Brown Act Bodies to continue to conduct public meetings in accordance with Government Code Section 54953(e).
NOW, THEREFORE, THE CITY COUNCIL AND AFFILIATED AGENCIES DO HEREBY RESOLVE AS FOLLOWS:
SECTION 1. RECITALS
The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
SECTION 2. FINDINGS
a. That the City Council and Affiliated Agencies have reconsidered the circumstances of the previously declared and existing State of Emergency arising from the COVID-19 Pandemic.
b. That the State of Emergency continues to directly impact the ability of the members of the City Council and Affiliated Agencies and all City-affiliated Brown Act Bodies to meet safely in person, and state or local officials have recommended measures to promote social distancing in connection with COVID-19.
SECTION 3. CONTINUED AB 361 REMOTE MEETINGS
That the City Council and Affiliated Agencies and all Brown Act Bodies may continue to conduct public meetings in accordance with Government Code Section 54953(e).
SECTION 4. SEVERABILITY
That if any provision, section, paragraph, sentence or word of Resolution or any portion of the Administrative Record be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words as hereby adopted shall remain in full force and effect.
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3 SECTION 4. CERTIFICATION
That the City Clerk/Board Secretary shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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4 PASSED AND ADOPTED on this 20th day of January, 2022.
CITY OF RANCHO MIRAGE:
_________________________
Ted Weil, Mayor/Chair
ATTEST:
_____________________________
Kristie Ramos
City Clerk/Board Secretary
APPROVED AS TO FORM:
_____________________________
Steven B. Quintanilla
City Attorney/General Counsel
.
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