HomeMy WebLinkAboutCity Council Resolution 21-073 Authorizing Teleconferenced Mtgs Pursuant to AB 361RESOLUTION NO.21-073
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 LEGISLATIVE
BODIES PURSUANT TO ASSEMBLY BILL 361
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to the COVID-19 pandemic has not been rescinded and remains in effect; and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, the Santa Clara Health Officer has recommended 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 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 that the following circumstances exist:
• 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
• The State of California and the County of Santa Clara continue to impose or recommend
measures to promote social distancing.
Resolution 21-073
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
legislative bodies, as defined by the Ralph M. Brown Act pursuant to Assembly Bill 361.
3. This Resolution shall become effective immediately and staff is directed to agendize this item
every 30 days for the City Council to reconsider the circumstances of the state of emergency and
findings of provision 1.
PASSED AND ADOPTED by the City of Saratoga City Council on this 20"1 day of October
2021 by the following vote:
AYES: COUNCIL MEMBERS BERNALD, FITZSIMMONS, KUMAR, VICE MAYOR
WALIA, MAYOR ZHAO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Yan Zhao, Mayor
ATTEST':
—._ DATE:
riff Avrit, MMC, City Clerk