HomeMy WebLinkAboutRES 2022-34RESOLUTION NO. 2022-34
A RESOLUTION OF THE CITY COUNCIL 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 DIAMOND BAR CITY COUNCIL AND
OTHER CITY COMMISSIONS AND COMMITTEES 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; and
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; and
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; and
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; and
WHEREAS, in recognition that such public gatherings at such meetings could
accelerate the spread of COVID-19, Governor Newsom's Executive Orders suspended,
among others, these Brown Act teleconferencing requirements to provide local agencies
with greater flexibility to hold meetings via teleconferencing safely; and
WHEREAS, pursuant to the Emergency Services Act (Government Code sections
8550 et seq.), and Chapter 8.00 of Title 8 of the Diamond Bar Munpal 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; and
WHEREAS, as of September 30, 2021, the Governor's Executive Order
suspending the Brown Act's teleconferencing requirements expired; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 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
Resolution No. 2022-34
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; and
WHEREAS, both Los Angeles County and state health officials continue to
recommend social distancing due community spread of COVID-19; and
WHEREAS, The Diamond Bar City Council first utilized the provisions authorized
by AB 361 on November 16, 2021 and subsequently adopted Resolution Nos. 2021-54,
2021-551 2022-011 2022-061 2022-121 2022-147 2022-19, 2022-23 and 2022-28 re-
affirming its continued use; and
WHEREAS, the Diamond Bar City Council must approve a Resolution reaffirming
that the requirements set forth in Assembly Bill 361 exist every 30 days in order to allow
members of its legislative bodies to utilize the provisions of Assembly Bill 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 City
Council's desire to permit members of its legislative bodies to attend by way of
teleconference pursuant to Assembly Bill 361 due to health and safety concerns
associated with COVID-19.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of 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 continues to pose 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 City's legislative bodies, 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 legislative bodies of the City of Diamond Bar may
participate in meetings subject to the Brown Act by way of teleconference in
accordance with Assembly Bill 361.
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5. That meetings shall be held in accordance with AB 361 by, among other
things, providing notice to the public how it can access the meeting and
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.
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 City Council 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 legislative bodies of the City of Diamond
Bar.
PASSED, APPROVED AND ADOPTED this 21St day of June, 2022.
CITY QF DIAMOND BAR
Ruth M. Low, Mayor
ATTEST:
I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the
foregoing resolution was duly passed, approved and adopted by the City Council of the City
of Diamond Bar at a regular meeting held on the 21st day of June, 2022, by the following
vote:
AYES: COUNCIL MEMBERS: Liu, Lyons, Tye, MPT/Chou, M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
L�
Kris ina Santana, City Clerk
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