Staff Report.AB361 with attachments
PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/06/2022 ITEM NO: 2
DATE: November 16, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Reaffirming Resolution 2021-044 and Making Findings
Pursuant to Government Code Section 54953, as Amended by Assembly Bill
361, and, Due to Health and Safety Concerns for the Public, Authorizing the
Use of Hybrid Meetings for the Town Council and the Continued Use of
Virtual Meetings for Boards and Commissions While Town Staff Makes the
Necessary Arrangements to Transition to Hybrid Meetings for All Town
Boards, Commissions, and Committees
RECOMMENDATION:
Adopt a Resolution reaffirming Resolution 2021-044 and making findings pursuant to
Government Code Section 54953, as amended by Assembly Bill 361, and, due to health and
safety concerns for the public, authorizing the use of hybrid meetings for the Town Council and
the continued use of virtual meetings for Boards and Commissions while Town staff makes the
necessary arrangements to transition to hybrid meetings for all Town Boards, Commissions, and
Committees.
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.
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
PAGE 2 OF 3 SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing DATE: November 16, 2022
BACKGROUND (continued):
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.
DISCUSSION:
The County Public Health Officer continues to recommend that public meetings be conducted
remotely. The Town Council will continue to provide a remote participation option in addition
to in-person meetings. Staff will gradually transition all Town Board, Commission, and
Committee meetings to a similar hybrid format.
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, and adopted resolutions on the following dates reaffirming Resolution 2021-044:
• November 2, 2021 adopted Resolution 2021-046
• November 16, 2021 adopted Resolution 2021-048
• December 7, 2021 adopted Resolution 2021-054
• December 21, 2021 adopted Resolution 2021-059
• January 18, 2022 adopted Resolution 2022-001
• February 1, 2022 adopted Resolution 2022-003
• February 15, 2022 adopted Resolution 2022-004
• March 1, 2022 adopted Resolution 2022-006
• March 15, 2022 adopted Resolution 2022-009
• April 5, 2022 adopted Resolution 2022-013
• April 19, 2022 adopted Resolution 2022-017
• May 3, 2022 adopted Resolution 2022-021
• May 17, 2022 adopted Resolution 2022-031
• June 7, 2022 adopted Resolution 2022-032
• June 21, 2022 adopted Resolution 2022-037
• July 12, 2022 adopted Resolution 2022-048
• August 2, 2022 adopted Resolution 2022-050
• August 16, 2022 adopted Resolution 2022-055
• September 6, 2022 adopted Resolution 2022-056
PAGE 3 OF 3 SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing DATE: November 16, 2022
DISCUSSION (continued):
• September 20, 2022 adopted Resolution 2022-059
• October 4, 2022 adopted Resolution 2022-060
• October 18, 2022 adopted Resolution 2022-065
• November 1, 2022 adopted Resolution 2022-068
• November 15, 2022 adopted Resolution 2022-070
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. The Town Council will conduct hybrid meetings and staff will work to prepare
for a transition to hybrid meetings for all Town Boards, Commissions, and Committees.
COORDINATION:
This report was coordinated with the Town Attorney and Town Manager’s offices.
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
This Page Intentionally Left Blank
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Resolution 2022 - Date
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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Resolution 2022 - Date
ATTACHMENT 1
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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Resolution 2022 - Date
ATTACHMENT 1
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: __________________