2021-048 - Reaffirming Reso 2021-044 Regarding Brown Act Compliance & Teleconferencing Pursuant to Gov Code Sec 54953, as Amended by AB 361 During COVID-19 Pandemic1 of 4
Resolution 2021-048 November 16, 2021
RESOLUTION 2021-048
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
REAFFIRMING RESOLUTION 2021-044 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 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 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
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