HomeMy WebLinkAboutPC 2023-01RESOLUTION NO. 2023-01
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's 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 s",b 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 Omicron 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.
PiOW, TH€R€POR€, IT IS HEREBY RESOLVED by the Planning Commission of
the City of Diamond Bar as follows:
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 meetings shall be held in accordance with AB361 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, conducing 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.
PC Resolution No. 2023-01
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 JANUARY 10, 2023, BY THE PLANNING COMMISSION
OF THE CITY OF DIAMOND BAR,
By: Kt4 l/L"
Raymon,R Wolfe, Chatpefson
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 10th of January, 2023, by the following vote:
AYES:
Commissioners
NOES:
Commissioners
ABSENT:
Commissioners
ABSTAIN:
Commissioners
ATTEST:
Greg Gubman, ecretary
Garg, Barlas, Rawlings, V/C Mok, Chair/Wolfe
None
None
None
3 PC Resolution No. 2023-Ot