Staff Report with attachments
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
This Page Intentionally Left Blank
1 of 4
Resolution October 5, 2021
RESOLUTION 2021-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
REGARDING BROWN ACT COMPLIANCE AND TELECONFERENCING PURSUANT TO
GOVERNMENT CODE SECTION 54953, AS AMENDED BY ASSEMBLY BILL 361, DURING THE
COVID-19 PANDEMIC
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state
of emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the state prepare for
broader spread of COVID-19; and
WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 an
International Pandemic; and
WHEREAS, on March 12, 2020, the Town Manager of Los Gatos acting in the capacity
of Town of Director of Emergency Services, issued a Proclamation of Local Emergency; and
WHEREAS, on March 13, 2020, the President of the United States of America declared
a national emergency and announced that the federal government would make emergency
funding available to assist state and local governments in preventing the spread of and
addressing the effects of COVID-19; and
WHEREAS, on March 16, 2020, the Santa Clara County Department of Public Health
directed all individuals in the County to Shelter in Place and mandated requirements,
including but not limited to, social distancing, staying home if sick, canceling or postponing
group events, working from home, and other precautions to protect public health and
prevent transmission of this communicable virus; and
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20,
which suspended and modified the teleconferencing requirements under the Brown Act
(California Government Code Section 54950 et seq.) so that local legislative bodies can hold
public meetings via teleconference (with audio or video communications, without a physical
meeting location), as long as the meeting agenda identifies the teleconferencing procedures
to be used; and
WHEREAS, on March 17, 2020, the Town Council of the Town of Los Gatos ratified the
Proclamation of Local Emergency as set forth in Resolution 2020-008 and remains in full force
and effect to date; and
WHEREAS, on June 4, 2021, the Governor clarified that the “reopening” of California on
June 15, 2021 did not include any change to the proclaimed state of emergency or the powers
exercised thereunder; and
ATTACHMENT 1
2 of 4
Resolution October 5, 2021
WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which
extended the provision of N-29-20 concerning the conduct of public meetings through
September 30, 2021, and the Governor subsequently signed legislation revising Brown Act
requirements for teleconferenced public meetings (Assembly Bill 361, referred to hereinafter
as “AB 361”); and
WHEREAS, on September 16, 2021 Governor Newsom signed AB 361, which added
subsection (e) to Government Code section 54953 of the Brown Act, and makes provision 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
WHEREAS, the Centers for Disease Control (CDC) recommends physical distancing of at
least six (6) feet whenever possible, avoiding crowds, and avoiding spaces that do not offer
fresh air from the outdoors, particularly for people who are not fully vaccinated or who are
at higher risk of getting very sick from COVID-19; and
WHEREAS, the CDC recommends that people who live with unvaccinated people avoid
activities that make physical distancing difficult; and
WHEREAS, the CDC recommends that older adults limit in-person interactions as much
as possible, particularly when indoors; and
WHEREAS, fully vaccinated persons who become infected with the COVID19 Delta
variant can spread the virus to others; and
WHEREAS, the Town’s public-meeting facilities are indoor facilities that are not
designed to ensure circulation of fresh/outdoor air, particularly during periods of cold and/or
rainy weather; and
WHEREAS, the Town’s public-meeting facilities are not designed to ensure that
attendees can remain six (6) feet apart; and
WHEREAS, holding in-person meetings would encourage community members from
different households to come to Town facilities to participate in local government, and some
of them would be at high risk of getting very sick from COVID-19 and/or would live with
someone who is at high risk; and
WHEREAS, in-person meetings may bring community members who are experiencing
COVID-19 symptoms to leave their homes in order to come to Town facilities and participate
in local government; and
WHEREAS, some attendees would use ride-share services or public transit to travel to
in-person meetings, thereby putting them in close and prolonged contact with additional
3 of 4
Resolution October 5, 2021
people outside of their households; and
WHEREAS, a required condition of AB 361 is that a state of emergency is declared by
the Governor pursuant to Government Code section 8625, proclaiming the existence of
conditions of disaster or of extreme peril to the safety of persons and property within the
State caused by conditions as described in Government Code section 8558; and
WHEREAS, as of the date of this Resolution, neither the Governor nor the Legislature
have exercised their respective powers pursuant to California Government Code section 8629
To lift the state of emergency either by proclamation or by concurrent resolution in the state
Legislature; and
WHEREAS, as of the date of this Resolution, neither the County Health Officer nor the
County of Santa Clara have exercised their powers to lift the local health emergency and local
state of emergency declared; and
WHEREAS, the Town Council has considered all information related to this matter,
including the associated staff report and other information relating to COVID-19 provided
at prior public meetings of the Town Council; and
WHEREAS, the Town Council now desires to adopt a Resolution finding that the
requisite conditions exist for the legislative bodies of the Town of Los Gatos, as defined in the
Brown Act, to conduct remote teleconference meetings without compliance with paragraph
(3) of subdivision (b) of Government Code section 54953.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
RESOLVE:
1. The Town Council hereby finds that the fact set forth in the above recitals are
true and correct, and establish the factual basis for the adoption of this Resolution;
2. There is an ongoing proclaimed state of emergency relating to the novel
coronavirus causing the disease known as COVID-19 and as a result of that emergency,
meeting in person would present imminent risks to the health or safety of attendees of in-
person meetings of this legislative body within the meaning of California Government Code
section 54953(e)(1).
3. Under the present circumstances, including the risks mentioned in the preceding
paragraph, the Town Council determines that authorizing teleconferenced public meetings
consistent with Assembly Bill 361 is necessary and appropriate.
4. Staff are directed to take all actions necessary to implement this Resolution for
all Town meetings in accordance with the foregoing provisions and the requirements of
Government Code section 54953, as amended by Assembly Bill 361, including but not limited
4 of 4
Resolution October 5, 2021
to returning for ratification of this Resolution every 30 days after teleconferencing for the
first time pursuant to Assembly Bill 361 for so long as either of the following circumstances
exists: (a) the state of emergency continues to directly impact the ability of this legislative
body to meet in person; and/or (b) state or local officials, including but not limited to the
County Health Officer, continue to impose or recommend measures to promote social
distancing.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 5th day of October 2021, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________