RESOLUTION NO._____
A RESOLUTION OF THE CITY COUNCIIL OF THE CITY OF RIALTO, CALIFORNIA AUTHORIZING THE CITY COUNCIL AND ITS COMMISSIONS AND COMMITTEES TO IMPLEMENT HYBRID PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361) amending Government Code § 54953 and permitting members of a legislative body to teleconference into a meeting without having to comply with the requirements of subdivision (b)(3) Government Code § 54953 during a proclaimed state of emergency if a) State or local officials are imposing or recommending measures to promote social distancing, or b) the body finds that “as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees”; and WHEREAS, under AB 361, teleconferencing includes meetings conducted virtually whether via telephone, video teleconferencing, use of a social media platform (e.g. Zoom, etc.,) or other electronic medium; and, WHEREAS, AB 361 imposes requirements to ensure members of the public are able to attend and participate in public meetings of a legislative body conducted via teleconference, including:
• Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option; • The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; • Prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time; • Prohibits the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and WHEREAS, the City Council, its Commissions and Committees have met by video conference since March 2020 and have found it to be an effective method of receiving public input, holding deliberations, and conducting the general business of the City; and WHEREAS, the City Council intends to allow “hybrid” meetings, which allow members of City Council, its Commissions and Committees to attend either in person or remotely by video conference; and WHEREAS, the hybrid meeting model allows each individual member of the aforementioned bodies to assess his or her own risk, and the risk he or she may pose to others, based on a legitimate health condition from attending an in person meeting; and WHEREAS, the hybrid meeting model also provides those that wish to attend meetings in person the ability to do so; and WHEREAS, the California Department of Public Health (CDPH) lifted their respective indoor mask requirements on February 16, 2022, but still “strongly recommends” that people wear masks when in indoor public settings; and WHEREAS, the City Council considered the imminent risk to the health and safety of attendees at in person meetings and the distancing measures required and recommended by Federal, State, and local health officials; and WHEREAS, after such consideration, the City Council finds that permitting meetings in hybrid format is necessary due to the ongoing threat of COVID-19; and WHEREAS, pursuant to Government Code § 54953(e)(3), a legislative body that holds a meeting pursuant to AB 361 must reconsider the circumstances of the state of emergency and make findings every 30 days.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council.
SECTION 2. The City of Rialto continues to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (CDPH), and/or County of San Bernardino, as applicable. The state of emergency related to the COVID-19 pandemic continues to directly impact the ability to meet safely in person. The California Department of Public Health strongly recommends that everyone wear face coverings in indoor public settings and take other social distancing measures to prevent COVID-19 transmission. Holding hybrid meetings will reduce the possibility of COVID-19 transmission during those meetings by allowing those who are potentially suffering COVID-19 symptoms to participate in meetings without physically attending. Based upon these facts and the guidance provided by the above entities, in person attendance indoors at public meetings continues to present an imminent risk to the health and safety of attendees and those attendees have close contact with after attending a meeting in person. The City Council desires to ensure that all persons desiring to attend public meetings may do so in a manner that protects the health and safety of the attendees, their families and other close contacts. Hybrid meetings will provide increased meaningful participation options for both members of the legislative body, council subcommittees and commissions and members of the public in a manner that protects the health and safety of the attendees, their families and other close contacts.
SECTION 3. The City Council hereby declares that, pursuant to the findings in Sections 1 and 2, the City Council and its Commissions and Committees are authorized to conduct hybrid public meetings pursuant to AB 361 and Government Code § 54953, in the event a member of the City Council, City Commission or Committee has a legitimate health reason supporting physical absence from the public meeting. The aforementioned bodies of the City are not subject to the Brown Act provisions related to remote participation; specifically that notice of the meeting be posted at, and that the public be allowed to attend and participate from, the remote location from which the member of the body is participating. (Government Code § 54953(b)(3)). Any public comment period during any such meeting shall be taken in the same form and fashion from in person and remote attendees. If at any time during such meeting the ability to broadcast the meeting and accept public comments from remote attendees through videoconference/teleconference is disrupted, the body holding the meeting shall recess until the disruption is resolved or continue the meeting to a later date when videoconference/teleconference participation can be restored.
SECTION 4. Staff is directed to place on the Council agenda, not less than every 30 days, Council consideration of the need to continue with hybrid meetings, until the Council directs otherwise.
SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.
SECTION 6. This Resolution shall become effective immediately upon adoption. \\\\\
PASSED APPROVED AND ADOPTED this _____ day of ____________, 2022. _______________________________
Deborah Robertson, Mayor
ATTEST:
______________________________
BARBARA McGEE, City Clerk
APPROVED AS TO FORM:
______________________________
ERIC VAIL, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No.____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ____ day of ______________, 2022.
Upon motion of Council Member ____________, seconded by Council Member ____________, the foregoing Resolution No. ____ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this _____ day of _________________, 2022. ____________________________________
BARBARA McGEE, CITY CLERK
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