HomeMy WebLinkAboutReso 78-21 AB 361 Re-Authorization (110921)RESOLUTION NO. 78-21
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
MAKING FINDINGS RELATED TO THE CONTINUED EXISTENCE OF A STATE OF
EMERGENCY DUE TO COVID-19 AND RE -AUTHORIZING FOR PUBLIC HEALTH AND
SAFETY THE CONDUCT OF PUBLIC MEETINGS OF THE LEGISLATIVE BODIES OF THE
CITY VIA REMOTE TELECONFERENCING FOR A CONTINUED
30-DAY PERIOD PURSUANT TO THE RALPH M BROWN ACT
AS AMENDED BY ASSEMBLY BILL NO. 361
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City Council of the City of Morro Bay ("City") is committed to preserving
and nurturing public access and participation in meetings of the Legislative Bodies (as that term
is defined in Government Code §54952, including the City Council, commissions, boards and
committees subject to the Brown Act) of the City; and
WHEREAS, all meetings of the Legislative Bodies are open and public as required by the
Ralph M. Brown Act, codified as Government Code §§ 54950 et seq., so that any member of the
public may attend, participate, and observe the Legislative Bodies conduct their business, and
WHEREAS, the Brown Act, at Government Code § 54953(e), as amended by Assembly
Bill (AB) 361 effective October 1, 2021, makes provision for remote teleconferencing participation
in public meetings by members of a Legislative Body without compliance with the provisions of
Government Code § 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition under Government Code § 54953(e) for its initial use is
that the meeting is held during a state of emergency that has been declared by the Governor
pursuant to Government Code § 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 § 8558; and
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster,
or extreme peril to the safety of persons and property within the jurisdictions that are within the
City's boundaries, caused by natural, technological, or human -caused disasters
WHEREAS, a required condition under Government Code § 54953(e) for its initial use is
that state or local officials have imposed or recommended measures to promote social distancing,
or that the legislative body is meeting to determine or has previously determined that meeting in
person would present imminent risks to the health or safety of attendees; and
WHEREAS, starting in March 2020, in response to the spread of COVID-19 in the State
of California, the Governor proclaimed a state of emergency for the State of California and
thereafter issued a number of executive orders aimed at containing COVID-19; and
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WHEREAS, on March 19, 2020, the City Council adopted Resolution No. 23-20,
proclaiming and affirming the existence of a local emergency, and confirming and ratifying
proclamation by City's Director of Emergency Services of Existence of a Local Emergency, in
response to COVID-19 (Coronavirus). The Legislative Bodies have since conducted meetings via
remote teleconferencing consistent with the declaration of local emergency and executive orders
issued by the Governor; and
WHEREAS, the executive orders issued by the Governor, among other things, for the
public health and safety waived requirements of the Brown Act expressly or impliedly requiring
the physical presence of members of the legislative body, the clerk or other personnel of the body
or of the public as a condition of participation in or for the purpose of establishing a quorum for a
public meeting; and
WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which
rescinded the modifications made by the aforementioned executive orders, effective September
30, 2021. On September 16, 2021, the Governor signed AB 361, creating a modified set of
provisions for local agencies for compliance with the Brown Act relative to remote meetings. AB
361 was made effective on October 1, 2021; and
WHEREAS, on October 26, 2021, the City Council adopted Resolution No. 70-21 making
findings related to the continued existence of a state of emergency due to COVID-19 and re-
authorizing for public health and safety the conduct of public meetings of City's legislative bodies
via remote teleconferencing for an initial 30-day period pursuant to the Ralph M. Brown Act as
amended by Assembly Bill No. 361; and
WHEREAS, the Governor's proclaimed state of emergency and the City's proclaimed
local emergency related to COVID-19 remain in effect and encompass the jurisdictional
boundaries of the City; and
WHEREAS, the California Department of Public Health and the San Luis Obispo County
Health Officer continue to impose or recommend measures to promote social distancing, and the
Centers for Disease Control and Prevention ("CDC") continue to recommend physical distancing;
and
WHEREAS, Government Code Section 54953(e)(3) requires that the City Council review
the need and make findings for continuing the conduct of public meetings of City's legislative
bodies via remote teleconferencing as authorized by AB 361 at least once every thirty days until
the Governor terminates the state of emergency; and
WHEREAS, for the public health and safety the Council wishes to affirm the need and
findings necessary for continuing the conduct of public meetings of City's legislative bodies via
remote teleconferencing as authorized by AB 361 and
WHEREAS, the City Council does hereby intend that, as a consequence of the persisting
state of emergency and the imposed or recommended social distancing measures, the Legislative
Bodies shall be authorized to continue to conduct their meetings without compliance with
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paragraph (3) of subdivision (b) of Government Code § 54953, as authorized by subdivision (e)
of Government Code § 54953, and that the Legislative Bodies shall comply with the requirements
to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e)
of Government Code § 54953; and
WHEREAS, consistent with AB 361, during the effectiveness of this Resolution, the
Legislative Bodies meeting pursuant to the requirements of Government Code § 54953(e)(2) and
their staff will give notice of the manner by which members of the public may access the
Legislative Bodies' meetings and offer public comment; identify and include an opportunity for all
persons to attend via a call -in option or an internet-based service option; and allow members of
the public to access the meeting, and the agenda shall include an opportunity for members of the
public to address the Legislative Body directly.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
S ECTION 1. The foregoing recitals are true and correct and are incorporated herein by
reference.
S ECTION 2. The City Council hereby acknowledges and affirms the continued
effectiveness of the Governor's proclaimed state of emergency and the City's proclaimed local
emergency (as may have been amended since their initial proclamation) which encompass their
jurisdictional boundaries.
S ECTION 3. The City Council finds as follows: 1) they have reconsidered the
circumstances of the state of emergency; 2) the state of emergency remains active within their
jurisdictional boundaries; 3) the state of emergency continues to directly impact the ability of the
City Council, the City's Legislative Bodies, City staff and the public to meet safely in person; and
4) State and local officials continue to impose or recommend measures to promote social
distancing.
S ECTION 4. The Legislative Bodies and staff are hereby authorized and directed to take
all actions necessary to carry out the intent and purpose of this Resolution, including conducting
all open and public meetings of the Legislative Bodies in accordance with Government Code §
54953(e) and other applicable provisions of the Brown Act.
SECTION 5. This Resolution shall take effect immediately upon its adoption by the City
Council and shall be effective for until the earlier of (i) December 9, 2021, or (ii) such time as the
City Council adopts a subsequent resolution in accordance with Government Code § 54953(e)(3)
to extend the time during which the Legislative Bodies may continue to teleconference without
compliance with paragraph (3) of subdivision (b) of Government Code § 54953.
S ECTION 6. Should any provision, section, paragraph, sentence or word of this
Resolution be rendered or declared invalid by any final court action in a court of competent
jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections,
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paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force
and effect.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution and enter it into
the book of original Resolutions.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 9th day of November 2021 by the following vote:
AYES' Headding, Addis, Barton, Ford, Heller
NOES* None
ABSENT: None
ATTEST:
DANA SWANSON, City Clerk
JOHN
J
D W ayor
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