Staff Report.AB361
Reviewed by: Town Manager and Assistant Town Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/05/2021 ITEM NO: 7
DATE: September 30, 2021
TO: Mayor and Town Council
FROM: Robert Schultz, Town Attorney
SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing
and Making Findings Pursuant to Government Code Section 54953, as
Amended by Assembly Bill 361, During the COVID -19 Pandemic
RECOMMENDATION:
Adopt a Resolution making findings pursuant to Government Code Section 54953, as amended
by Assembly Bill 361, and authorizing the continued use of virtual meetings.
BACKGROUND:
On March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allowed for
relaxed provisions of the Ralph M. Brown Act (Brown Act) that allowed legislative bodies to
conduct meetings through teleconferencing without having to meet the strict compliance of the
Brown Act. All provisions of Executive Order N-29-20 concerning the conduct of public
meetings expired on September 30, 2021.
DISCUSSION:
AB 361 was signed into law by the Governor on September 16, 2021, and went into effect
immediately upon signing. It amends the Brown Act to allow local legislative bodies to continue
using teleconferencing and virtual meeting technology after the September 30, 2021, expiration
of the current Brown Act exemptions as long as there is a "proclaimed state of emergency" by
the Governor. This allowance also depends on State or local officials imposing or
recommending measures that promote social distancing or a legislative body finding that
meeting in person would present an imminent safety risk to attendees.
PAGE 2 OF 3 SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing DATE: September 30 2021
DISCUSSION (Cont) :
Though adopted in the context of the pandemic, AB 361 will allow for virtual meetings during
other proclaimed emergencies, such as earthquakes or wildfires, where physical attendance
may present a risk.
AB 361 requires the following:
• Public agencies to make findings by majority vote within 30 days of the first
teleconferenced meeting under AB 361 and every 30 days thereafter that a state of
emergency still exists and continues to directly impact the ability of the members to
meet safely in person, or that officials continue to impose or recommend measures to
promote social distancing;
• A public comment period where the public can address the legislative body directly;
• Prohibits councils and boards from limiting public comments to only comments
submitted in advance and specifies that the legislative body "must provide an
opportunity for the public to ... offer comment in real time." (Government Code
54953(e)(2)(E);
• The legislative body must allow a reasonable time for public comment during the
comment periods;
• The agenda must include information on the manner in which the public may access the
meeting and provide comments remotely;
• If technical problems arise that result in the public's access being disrupted, the
legislative body may not take any vote or other official action until the technical
disruption is corrected and public access is restored; and
• AB 361 will sunset on January 1, 2024.
CONCLUSION:
Adopt a Resolution making findings pursuant to Government Code Section 54953, as amended
by Assembly Bill 361, and authorizing the continued use of virtual meetings. If adopted, virtual
meetings may continue for all Town Boards, Commissions, and Committees.
COORDINATION:
This report was coordinated with the Town Manager’s Office.
FISCAL IMPACT:
There will be no fiscal impact to the Town at this time.
PAGE 3 OF 3 SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing DATE: September 30 2021
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Draft Resolution