HomeMy WebLinkAboutCC Reso 2021-57 - AB 361 Findings Reconsideration for All Legislative Bodies1
RESOLUTION NO. 2021-57XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH IMPLEMENTING TELECONFERENCING
REQUIREMENTS FOR CITY COUNCIL AND BOARD AND COMMISSION MEETINGS DURING A
PROCLAIMED STATE OF EMERGENCY DUE TO THE COVID-19 PANDEMIC
WHEREAS:
1.The City of Ukiah is committed to preserving and nurturing public access and participation in meetings of
the City Council and its Boards and Commissions; and
2.All meetings of City’s legislative bodies are open and public, as required by the Ralph M. Brown Act, so
that any member of the public may attend, participate, and watch the City’s legislative bodies conduct
their business;
3.The Brown Act allows for legislative bodies to hold meetings by teleconference, but imposes specific
requirements for doing so; and
4.On March 17, 2020, in order to address the need for public meetings during the present public health
emergency, i.e. the COVID-19 Pandemic, Governor Newsom issued Executive Order No. N-29-20,
suspending the Act’s teleconferencing requirements; and
5.On June 11, 2021, Governor Newsom issued Executive Order No. N-8-21, continuing the suspension of
the Brown Act’s teleconferencing requirements through September 30, 2021; and
6.The State Legislature amended the Brown Act through Assembly Bill No. 361 (AB 361) on September 16,
2021; and
7.AB 361, codified in part at 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
8.Such conditions now exist in the City, specifically, the Governor has proclaimed a state of emergency
exists for the state of California due to the conditions caused by the COVID-19 pandemic and the impact
on the health and safety of its residents; and
9.The Delta variant is highly transmissible in indoor spaces, the California Department of Public Health is
currently investigating how long vaccine protection lasts, and the Center for Disease Control and
Prevention recommends avoiding indoor spaces that do not offer fresh air from the outdoors;
10.Current County health orders impose or measures to promote social distancing due to health and safety
concerns; and
11.In accordance with Assembly Bill 361, the City Council does hereby find that as a result of the
emergency, meeting in person would present imminent risks to the health or safety of attendees and the
Council desires to authorize continued remote teleconferenced meetings of its legislative bodies; and
12.As a consequence of the local emergency, the City Council does hereby find that the legislative bodies of
the City shall conduct their meetings without compliance with Government Code § 54953(b)(3), as
authorized by § 54953(e), and that such legislative bodies shall comply with the requirements to provide
the public with access to the meetings as prescribed in § 54953(e)(2); and
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13.The City has taken measures to conduct public meetings via virtual tools that allow members of its
legislative bodies and members of the public to join and participate in meetings remotely and provide
public testimony in the virtual environment and via teleconference.
NOW, THEREFORE, the City Council for the City of Ukiah hereby finds, determines, declares, orders, and
resolves as follows:
1.That the foregoing recitals are true and correct and incorporates them by this reference; and
2. The Governor of the State of California issued a Proclamation of State of Emergency, which remains in effect;
and
3. County of Mendocino officials have imposed or recommended measures to promote social distancing;
and
4.Meeting in person would present imminent risk to the health or safety of attendees; and
5.The City Council of the City of Ukiah has reconsidered the circumstances of the State of Emergency, and
finds that:
a.The factors triggering the State of Emergency continue to directly impact the ability of the
members of the legislative bodies of the City of Ukiah, their staff, and members of the public to
meet safely in person; and
b.State and County officials continue to impose or recommend measures to promote social
distancing.
6. The City Manager or his designee and the legislative bodies of the City of Ukiah are authorized to take all
steps and perform all actions necessary to execute and implement this Resolution in compliance with
Government Code § 54953; and
7. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i)
December 1, 2021, or (ii) such time the City Council adopts a subsequent resolution in accordance with
Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City
may continue to teleconference without compliance with paragraph (3) of subdivision (b) of §
54953(b)(3).
PASSED AND ADOPTED this 17th day of November, 2021, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Juan V. Orozco, Mayor
ATTEST:
Kristine Lawler, City Clerk
Councilmembers Crane, Rodin, Brown, and Mayor Orozco
None
None
Councilmember Duenas