Attachment 1 - Draft Resolution
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ATTACHMENT 1
DRAFT RESOLUTION 2022-
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
WHEREAS, the Town Council of the Town of Los Gatos approved Resolution No. 2021-
044 on October 5, 2021, declaring the need for the Town Council, Boards, Commissions, and
Committees to continue to meet remotely in order to ensure the health and safety of the
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public; and
WHEREAS, the Town of Los Gatos remains in a state of emergency due to the continuing
spread of COVID-19; and
WHEREAS, the Centers for Disease Control and Prevention 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 are at a higher risk of severe illness due to COVID-19; and
WHEREAS, that the Santa Clara County Public Health Department continues to
recommend that public bodies meet remotely to the extent possible; and
WHEREAS, technology exists that allows full participation from members of the public
without requiring in-person attendance at a Town Council, Board, Commission, or Committee
meeting.
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 wishes to conduct hybrid meetings, at which members of
the public have the option to participate remotely, and to transition to hybrid meetings for
the Town’s Boards, Commissions, and Committees; and
WHEREAS, the Town Council wishes to adopt a Resolution finding that the requisite
conditions continue to 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 and
as contained in Resolution 2021-044 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 may present risks to the health or safety of attendees of in-person meetings
of this legislative body and all Town advisory bodies within the meaning of California
Government Code section 54953(e)(1).
3. Under the present circumstances, including the risks mentioned in the preceding
paragraph, attendees may wish to participate in Town meetings remotely.
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4. As authorized by Assembly Bill 361, the Town Council wishes to conduct hybrid
meetings and to transition to hybrid meetings for the Town’s Boards, Commissions, and Committees.
5. Staff are directed to take all actions necessary to implement this Resolution for
all Town Council meetings and Town Board, Commission, and Committee meetings on a
rolling basis, in accordance with the foregoing provisions and the requirements of
Government Code section 54953, as amended by Assembly Bill 361, including but not limited
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 6th day of December 2022, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________