HomeMy WebLinkAboutReso 04-22 Finding That There Is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of thReso. No. 04-22, Item 4.7, Adopted 01/11/2022 Page 1 of 3
RESOLUTION NO. 04 - 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
FINDING THAT THERE IS A PROCLAIMED STATE OF EMERGENCY;
FINDING THAT MEETING IN PERSON WOULD PRESENT
IMMINENT RISKS TO THE HEALTH OR SAFETY OF ATTENDEES AS A
RESULT OF THE STATE OF EMERGENCY; AND AUTHORIZING REMOTE
TELECONFERENCED MEETINGS OF THE LEGISLATIVE
BODIES OF THE CITY OF DUBLIN FOR THE 30-DAY PERIOD
BEGINNING JANUARY 11 PURSUANT TO AB 361
WHEREAS, all meetings of the City of Dublin’s legislative bodies are open and public, as
required by the Ralph M. Brown Act (Cal. Gov. Code sections 54950 – 54963), so that any
member of the public may attend, participate, and watch the City’s legislative bodies conduct
their business; and
WHEREAS, on March 4, 2020, Governor Newsom 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 a broader spread of the novel
coronavirus disease 2019 (“COVID-19”); and
WHEREAS, on March 18, 2020, the City Council adopted a resolution ratifying the
proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and
WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor
Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown
Act in order to allow local legislative bodies to conduct meetings telephonically or by other means;
and
WHEREAS, as a result of the COVID-19 pandemic, and pursuant to Executive Order N-29-
20 and its successors, the City Council met primarily virtually through September 2021; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which,
effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allows local
legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (2021) which
allows for local legislative bodies and advisory bodies to conduct meetings via teleconferencing
under specified conditions and includes a requirement that the City Council make specified
findings. AB 361 (2021) took effect immediately; and
WHEREAS, under AB 361 (2021), an agency meeting virtually requires that the Governor
declare a State of Emergency pursuant to Government Code section 8625; and
WHEREAS, AB 361 (2021) further requires that state or local officials have imposed or
recommended measures to promote social distancing, or, requires that the legi slative body
determines that meeting in person would present imminent risks to the health and safety of
attendees; and
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Reso. No. 04-22, Item 4.7, Adopted 01/11/2022 Page 2 of 3
WHEREAS, such conditions now exist in the City, specifically, Governor Newsom has
declared a State of Emergency due to COVID-19; and
WHEREAS, since the issuance of Executive Order N-08-21, the highly contagious Delta
variant of COVID-19 has emerged, causing an increase in COVID-19 cases throughout the
State and Alameda County; and
WHEREAS, on August 3, 2021, in response to the Delta variant of COVID-19, the
Alameda County Health Officer issued an order for nearly all individuals to wear masks when
inside public spaces; and
WHEREAS, on November 30, 2021, the Omicron variant was designated as a variant of
concern by the United States, and there has been a marked increase in cases during the last
month in Alameda County; and
WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to
recommend physical distancing of at least 6 feet from others outside of the household; and
WHEREAS, because of the rise in cases due to the Omicron variant of COVID-19, the City
is concerned about the health and safety of all individuals who intend to attend City Council and
meetings of the City’s other legislative bodies; and
WHEREAS, the City Council finds that the imminent risks of the City’s legislative bodies
holding in person meetings to the health or safety of attendees exists due to the Omicron variant
of COVID-19; and
WHEREAS, the City shall ensure that its meetings comply with the provisions required by
AB 361 (2021) for holding teleconferenced meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin as
follows:
1. The above recitals are true and correct, and incorporated into this Resolution.
2. In compliance with AB 361 (2021), and in order to continue to conduct
teleconference meetings without complying with the usual teleconference meeting
requirements of the Brown Act, the City Council makes the following findings:
a) The City Council has considered the circumstances of the state of emergency; and
b) The state of emergency, as declared by the Governor and City Council, and as
specifically related to the current increase in cases apparently resulting from the
Omicron variant, directly impacts the ability of the City Council and the City’s
legislative bodies, as well as staff and members of the public, to meet safely in
person; and
c) The CDC continues to recommend physical distancing of at least six feet due to
COVID-19 and as a result of the presence of COVID-19 and the increase of cases
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Reso. No. 04-22, Item 4.7, Adopted 01/11/2022 Page 3 of 3
due to the Omicron variant, meeting in person would present imminent risks to the
health or safety of attendees, the legislative bodies and staff .
3. City Council and City’s legislative bodies may meet remotely in compliance with
AB 361, in order to better ensure the health and safety of the public for a period of thirty
days following the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 11th day of January 2022 by the following
vote:
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_____________________________
City Clerk
DocuSign Envelope ID: 25CA199D-ACC6-487D-B9E2-CC7F7F6CB901