HomeMy WebLinkAboutCC Resolution 15059 (Use of Teleconferencing for Public Meetings During State of Emergency)1
RESOLUTION NO. 15059
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL PURSUANT TO ASSEMBLY BILL 361
MAKING FINDINGS AND CONFIRMING THE NEED FOR CONTINUED USE OF
TELECONFERENCING TO HOLD PUBLIC MEETINGS OF CITY BOARDS AND
COMMISSIONS DURING THE CONTINUING STATE OF EMERGENCY RELATING TO THE
COVID-19 PANDEMIC
WHEREAS, on March 4, 2020 Governor Newsom issued a proclamation pursuant to
Government Code Section 8625 declaring a state of emergency in California due to the COVID-
19 pandemic; and
WHEREAS, the Ralph M. Brown Act (Gov. Code §§ 54950 et seq.) (hereafter, the “Brown
Act”) provides in Government Code section 54953 that “all meetings of the legislative body of a
local agency shall be open and public, and all persons shall be permitted to attend any meeting of
the legislative body of a local agency, except as otherwise provided by this chapter”; and
WHEREAS, Government Code section 54953(b)(3) permits the legislative body of a local
agency to use teleconferencing for the benefit of the public and the legislative body in connection
with any meeting or proceeding authorized by law, subject to specified procedural requirements
including, but not limited to, the posting of agendas at all teleconference locations, the opportunity
for members of the public to address the legislative body directly at each teleconference location,
and that at least a quorum of the members of the legislative body participate from locations within
the boundaries of the territory over which the legislative body exercises jurisdiction; and
WHEREAS, Government Code section 54953(e), added by Assembly Bill 361 effective
September 16, 2021, provides, in section 54953(e)(1), that during a state of emergency
proclaimed pursuant to Government Code section 8625, the legislative body of a local agency
may hold a meeting using teleconferencing without complying with the procedural requirements of
section 54953(b)(3), provided that the legislative body complies with the requirements of section
54953(e)(2); and
WHEREAS, pursuant to Government Code section 54953(e)(3), if a state of emergency
remains active, or state or local officials have imposed or recommended measures to promote
social distancing, then in order to continue to teleconference without compliance with the
requirements of section 54953(b)(3), the legislative body shall make specified findings at least
every 30 days; and
WHEREAS, the City Council has reconsidered the circumstances of the proclaimed
COVID-19-related state of emergency and finds that it remains active; and
WHEREAS, the City Council finds that state and/or local officials continue to impose or
recommend measures to promote social distancing, including masking in certain indoor public
settings; and
WHEREAS, the City Council finds that the state of emergency continues to directly impact
the ability of certain City boards and commissions to meet safely in person;
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael that
in order to protect the safety of the members of the public and its legislative bodies, for the 30
days following adoption of this resolution, public meetings of the City’s legislative bodies may
continue to be held using teleconferencing technology in compliance with the requirements of
Government Code section 54953(e)(2) and all other applicable laws.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was
duly and regularly introduced and adopted at a regular meeting of the City Council of the City of
San Rafael, held on Monday, the 2nd day of May 2022 by the following vote, to wit:
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Lindsay Lara, City Clerk