Staff Report.AB361
PREPARED BY: Shelley Neis
Town Clerk
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: 12/07/2021 ITEM NO: 2
DATE: November 30, 2021
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Reaffirming Resolution 2021-044 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 reaffirming Resolution 2021-044 and making findings pursuant to
Government Code Section 54953, as amended by Assembly Bill 361, and authorizing the
continued use of virtual meetings due to health and safety concerns for the public.
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 2 SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing DATE: November 30, 2021
DISCUSSION (Cont) :
AB 361 requires 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.
Town Council adopted Resolution 2021-044 on October 5, 2021 regarding Brown Act
compliance and teleconferencing pursuant to Government Code Section 54953, as amended by
AB 361, on November 2, 2021 adopted Resolution 2021-046 reaffirming Resolution 2021-044,
and on November 16, 2021 adopted Resolution 2021-048 reaffirming Resolution 2021-044.
CONCLUSION:
Adopt a Resolution reaffirming Resolution 2021-044 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 Attorney and Town Manager’s office.
FISCAL IMPACT:
There will be no fiscal impact to the Town at this time.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Draft Resolution