HomeMy WebLinkAboutReso 48-22 Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361
Reso. No. 48-22, Item 4.12, Adopted 05/17/2022 Page 1 of 3
RESOLUTION NO. 48-22
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
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 legislative body
determines that meeting in person would present imminent risks to the health and safety of
attendees; and
WHEREAS, such conditions now exist in the City, specifically, Governor Newsom has
declared a State of Emergency due to COVID-19; and
Reso. No. 48-22, Item 4.12, Adopted 05/17/2022 Page 2 of 3
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 November 30, 2021, the Omicron variant was designated as a variant of
concern by the United States; and
WHEREAS, cases of the highly contagious Omicron variant, including a subvariant called
BA.2, have caused surges of COVID-19 and there has been an 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 recent rise in COVID-19 cases due in part to the highly contagious
Omicron variants 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 in part to the Omicron
variants of COVID-19; and
WHEREAS, the City Council finds, acting as a legislative body pursuant to Government Code
section 54952(a) and for the benefit of all legislative bodies created by the City Council pursuant to
Government Code section 54952(b), that the presence of COVID-19 and the Delta and Omicron
variants would present imminent risks to the health or safety of attendees, staff, and members; and
WHEREAS, teleconference meetings may include hybrid meetings, in which all or some
members of the legislative body meet in person while others attend by teleconference, and members
of the public are either allowed to participate only by teleconference or both in person and by
teleconference (“hybrid meetings”). The purpose of hybrid meetings is to allow for multiple modes of
attending meetings while reducing the risks of COVID-19, including the Delta and Omicron variants;
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
Reso. No. 48-22, Item 4.12, Adopted 05/17/2022 Page 3 of 3
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 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 staff is directed to facilitate any teleconference meetings, including hybrid meetings,
of the City Council and City’s legislative bodies 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 17th day of May 2022 by the following vote:
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_____________________________
City Clerk