HomeMy WebLinkAboutCity Council Resolution 23-009, Regarding Teleconferenced Mtgs Pursuant to AB 361RESOLUTION NO.23-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING TELECONFERENCED PUBLIC MEETINGS FOR THE CITY OF
SARATOGA CITY COUNCIL AND ALL CITY OF SARATOGA BROWN ACT BODIES
PURSUANT TO ASSEMBLY BILL 361 THROUGH FEBRUARY 2023
WHEREAS, COVID-19 (also known as the "Coronavirus Disease") is a respiratory disease
which was first detected in China and has now spread across the globe; and
WHEREAS, on January 31, 2020, the United States Secretary of Health and Human Services
declared a public health emergency based on the threat caused by COVID-19, and the President of the
United States issued a Proclamation Declaring a National Emergency concerning COVID-19 beginning
March 1, 2020; and
WHEREAS, in response to COVID-19, the Governor of the State of California issued a
Proclamation of a State of Emergency on March 4, 2020; and
WHEREAS, the state of emergency proclaimed by the Governor on March 4, 2020, related
to the COVID-19 pandemic is expected to be rescinded as of February 28, 2023; and
WHEREAS, Assembly Bill 361 was signed by the Governor and became effective
October 1, 2021, enacting certain changes to the Brown Act as set forth in Government Code section
54953; and
WHEREAS, AB 361 authorizes local legislative bodies to continue having purely virtual
meetings using teleconferencing and virtual meeting technology as long as there is a gubernatorial
"proclaimed state of emergency," and either (1) state or local officials impose or recommend measures
that promote social distancing or (2) the legislative body finds that meeting in person would present
an imminent safety risk to attendees; and
WHEREAS, while the Santa Clara Health Officer has rescinded the recommendation for
social distancing, the Contra Costa County Health Officer continues to recommend social distancing.
NOW, THEREFORE, the City Council of the City of Saratoga in compliance with AB 361 and
in order to continue to meet via teleconference through February 2023 without the usual requirements
of the Brown Act hereby:
1. Finds that City Council has considered the circumstances of the COVID-19 state of emergency
and t has determined:
• The state of emergency as a result of COVID-19 continues to directly impact the ability of the
members of City Council and the members of the City's Boards and Commissions to meet safely
in person; and
a The Contra Costa County Health Officer continues to recommend teleconference meetings
where practical to minimize risk of transmission of COVID 19 during a public meeting.
Resolution 23-009
Page 2
2. Declares that as a result of the findings in provision 1 above, the City Manager is authorized to
implement teleconferenced public meetings for the City Council and all the City of Saratoga's Brown
Act bodies, as defined by the Ralph M. Brown Act pursuant to Assembly Bill 361 only through
February 28, 2023.
3. This Resolution shall become effective immediately.
PASSED AND ADOPTED by the City of Saratoga City Council on this I` day of February 2023
by the following vote:
AYES: COUNCIL MEMBERS AFTAB, PAGE, WALIA, VICE MAYOR ZHAO,
MAYOR FITZSIMMONS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Koo ie Fitzsimmons, Mayor
ATTE
Britt Avrit, MMC, City Clerk
1610630.1