HomeMy WebLinkAboutR-11278 proclaiming the continued need to meet by TeleconferenceR 11278
RESOLUTION NO. 11278 (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, PROCLAIMING THE CONTINUED NEED TO
MEET BY TELECONFERENCE PURSUANT TO GOVERNMENT CODE
SECTION 54953(E).
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 March 16, 2020, the City Manager, acting as the Emergency
Services Director, approved a proclamation declaring a local emergency as defined in the
City of San Luis Obispo Municipal Code Section 2.24.020, due to the threat of the
existence and spread of COVID-19; and
WHEREAS, on March 17, 2020, the Governor of California executed Executive
Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown
Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies
to hold public meetings via teleconferencing and to make public meeting accessible
telephonically or otherwise electronically to all members of the public seeking to observe
and address the local legislative body; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive
Order N-08-21 which extended the provisions of Executive Order N-29-20 concerning
teleconference accommodations for public meetings through September 30, 2021; and
WHEREAS, on August 31, 2021, the San Luis Obispo County Health Officer,
Penny Borenstein, M.D., executed Order No. 6 requiring face coverings in all public indoor
settings
WHEREAS, on September 16, 2021, the Governor of California signed into law
Assembly Bill 361 amending Government Code § 54953 and providing alternative
teleconferencing requirements to conduct public meetings during a proclaimed state of
emergency; and
WHEREAS, AB 361 imposes requirements to ensure members of the public are
able to attend and participate in public meetings 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;
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• 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 has already implemented and is in full compliance with the
requirements listed above when conducting public meetings via teleconference, which
are now codified in Government Code § 54953(e)(2)(B-G); and
WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body
shall hold a meeting during a proclaimed state of emergency for the purpose of
determining, by majority vote, whether as a result of the emergency, meeting in person
would present imminent risks to the health and safety of attendees. The City Council
must make these findings no later than 30 days after the first teleconferenced meeting is
held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also
make these findings every 30 days thereafter, in order to continue to allow teleconference
accessibility for conducing public meetings.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo 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 Council hereby declares that a state of emergency as a
result of the threat of COVID-19 still exists and continues to impact the ability of members
of the public, the City Council, City Boards, Commissions, and Committees, City staff and
consultants to meet safely in person.
SECTION 3. The State of California and the City of San Luis Obispo continue 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 (DPH), and/or County of San Luis Obispo, as applicable, including facial coverings
when required and social distancing.
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SECTION 4. The City Council hereby declares that, pursuant to the findings listed
in this Resolution, the City Manager is authorized to utilize teleconferencing accessibility
to conduct public meetings pursuant to AB 361 and Government Code § 54953, as
amended thereby.
SECTION 5. Effective Date of Resolution. This Resolution shall take effect
immediately upon its adoption and shall be effective for 30 days. In accordance with AB
361, the City Council shall re-consider the passage of this resolution not less than every
30 days to determine whether a state of emergency continues to directly impact the ability
of the members to meet safely in person or whether state or local officials continue to
impose or recommend measures to promote social distancing.
Upon motion of Vice Mayor Christianson, seconded by Council Member Marx, and
on the following roll call vote:
AYES: Council Member Christianson, Marx, Pease, and Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 5th day of October 2021.
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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10/12/2021 | 9:16 AM PDT