HomeMy WebLinkAboutPC 2021-19RESOLUTION NO. 2021=19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, MAKING SPECIFIED FINDINGS
RELATING TO THE USE OF TELECONFERENCING IN ACCORDANCE
WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE PLANNING
COMMISSION SUBJECT TO STATE OPEN MEETING LAWS.
WHEREAS, on March 4, 2020, California Governor Newsom declared a State of
Emergency in response to the COVID-19 pandemic;
WHEREAS, on March 12, 2020, to address the impacts of COVID-19, Governor
Newsom issued Executive Orders that required, among other things, residents of
California to follow orders and guidance of local public health officials, including social
distancing and masking requirements;
WHEREAS, existing California law, the Ralph M. Brown Act ("Brown Act") requires,
with specified exceptions, that all meetings of a legislative body of a local agency, as
those terms are defined, be open and public, that a physical location for such meetings
be provided, and that the public be permitted to provide public comment during the
meetings;
WHEREAS, the Brown Act permits members of legislative bodies to
teleconference into public meetings subject to certain conditions, including that the place
from which the member teleconferences be open to the public, that an agenda be posted
on the site, and that the teleconference location be noticed in the agenda;
WHEREAS, in recognition that such public gatherings at such meetings could
accelerate the spread of COVID-19, Governor Newsom Executive Orders suspended,
among others, these Brown Act teleconferencing requirements to provide local agencies
with greater flexibility to hold meetings via teleconferencing safely;
WHEREAS, pursuant to the Emergency Services Act (Government Code sections
8550 et seq.), and Chapter 8.00 of Title 8 of the Diamond Bar Municipal Code, the City
Council of the City of Diamond Bar has proclaimed the continued existence of a local
emergency resulting from the COVID-19 pandemic;
WHEREAS, as of September 30, 2021, the Governor's Executive Order
suspending the Brown Act's teleconferencing requirements is set to expire;
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361
(AB 361), which authorizes a local agency to continue to use teleconferencing without
complying with certain teleconferencing requirements imposed by the Brown Act when:
(1) the legislative body of a local agency holds a meeting during a declared state of
emergency; (2) when state or local health officials have imposed or recommended
measures to
promote
social
distancing; and/or
(3) when a
local agency has determined
that meeting
in person
would
present imminent
risks to the
health or safety of attendees;
WHEREAS, both Los Angeles County and state health officials continue to
recommend social distancing due to a recent increase in COVID-19 cases believe to be
caused by the so -call Delta Variant;
WHEREAS, the Planning Commission must approve a Resolution reaffirming that
the requirements set forth in AB 361 exist every 30 days in order to allow members of its
legislative bodies to utilize the provisions of AB 361 when attending public meetings via
teleconferencing; and
WHEREAS, notwithstanding that the City's legislative bodies, as defined by the
Brown Act, are now holding modified public meetings in person, there may be situations
in which a member of one of these legislative bodies decides not to attend in person due
to a particular health or safety risk posed by such attendance and as such, it is the
Planning Commission's desire to permit members of the Planning Commission to attend
by way of teleconference pursuant to AB 361 due to health and safety concerns
associated with COVID-19.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Planning Commission
A the City of Diamond Bar as follows:
1. That the above recitals are true and correct. and based thereon, that the
spread and potential further spread of COVID-19 poses an imminent risk to
the public health and safety.
2. That a state of emergency due to the COVID-19 pandemic continues to exist
and at the time that this Resolution was adopted both Los Angeles County
and State health officials are recommending social distancing to slow the
spread of COVID-19.
3. That meeting in person may pose an imminent risk to the health and safety
of some attendees, including members of the Planning Commission, who due
to age, health conditions, or vaccination status, have a higher risk of
contracting COVID-19 and are more likely to get severely ill and in some
cases, die from COVID-19.
4. That during the effective period of this Resolution and any reaffirmation
thereof, members of the Planning Commission may participate in meetings
subject to the Brown Act by way of teleconference in accordance with AB 361,
5. That if a member of the Planning Commission teleconferences into a meeting
subject to the Brown Act due to an imminent health and safety risk arising out
of COVID-19, the meeting shall be held in accordance with AB 361 by, among
other things, providing notice to the public how it can access the meeting and
2 PC Reso AB361
provide public comment, providing an opportunity for the public to attend via
a call -in or an internet-based service option, conducting the meeting in a
manner which protects the statutory and constitutional rights of the public,
and stopping the meeting until public access is restored in the event of a
service disruption.
6. The requirements of AB 361 shall only apply in the event that a member of
the Planning Commission desires to attend a meeting subject to the Brown
Act by way of teleconference due to concerns that attending such a meeting
poses an imminent risk to his or her health and safety or those in attendance
arising out of the COVID-19 pandemic. If a member of the Planning
Commission desires to attend a meeting by way of teleconferencing for some
other reason, all Brown Act teleconferencing requirements shall apply.
IT IS FURTHER RESOLVED that this Resolution is effective for 30 days from its
adoption date and must be affirmed/acknowledged every 30 days by the Planning
Commission of the City of Diamond Bar in order for the provisions of Assembly Bill 361
to continue to apply to teleconferencing by members of the Planning Commission.
APPROVED AND ADOPTED THIS 26TH DAY OF OCTOBER, 2021 BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR,
By: ILA)IJILI'44=
William Rawlings Chair lrson
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the
Planning Commission held on the 26th day of October, 2021, by the following vote:
AYES: Commissioners: Barlas, Mok, Wolfe, VC/Garg, Chair Rawlings
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
o�
Greg Gubman, Secretary
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