HomeMy WebLinkAboutCC RES 21-89 DocuSign Envelope ID:OE07E7DE-3638-4988-8507-EB263ED01 D05
RESOLUTION NO. 21-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, MAKING FINDINGS REQUIRED FOR THE USE OF
TELECONFERENCING AS DEFINED AND IN COMPLIANCE WITH ASSEMBLY
BILL 361 FOR MEETINGS OF THE TUSTIN CITY COUNCIL
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, 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, Governor Newsom's Executive Orders suspended certain
teleconferencing provisions of the Brown Act as they applied to members of a legislative
body to provide local agencies with greater flexibility to hold meetings via teleconferencing
in recognition that such public gatherings could accelerate the spread of COVID-19; and
WHEREAS, pursuant to the Emergency Services Act (Government Code sections
8550 et seq.), and Chapter 2 of Article 5 of the Tustin City Code, the City Council of the
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 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; and
Resolution 21-89
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WHEREAS, both Orange County and state health officials continue to recommend
social distancing due to recent increases in COVID-19 cases including those caused by
the so-called Delta Variant; and
WHEREAS, the Tustin City Council must approve a Resolution reaffirming that the
requirements set forth in Assembly Bill 361 exist at least every 30 days in order to allow
members of the City Council 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, may hold some of their 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 due to health and safety concerns associated with COVID-19.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of Tustin as follows:
1 . The City Council has reconsidered the circumstances of the state of
emergency.
2. At the time this Resolution is adopted, a state of emergency proclaimed by
California's Governor due to the COVID-19 pandemic continues to exist.
3. At the time that this Resolution is adopted, both the County of Orange and
State health officials continue to recommend measures to promote social
distancing to slow the spread of COVID-19.
4. Members of the City Council may participate in meetings subject to the Brown
Act by way of teleconference until such teleconferences are no longer
permitted in accordance with AB 361, and provided the City and the City
Council comply with the requirements of AB 361 .
5. That if a member of the City Council or another legislative body of the City of
Tustin teleconferences into a meeting subject to the Brown Act, the meeting
shall be held in accordance with the requirements of Government Code
section 54953(e) as modified by 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.
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6. The requirements of Government Code section 54953(e) as modified by AB
361 shall only apply to a meeting that is otherwise subject to the Brown Act
and shall only apply in the event that a member of the City Council or a
legislative body of the City of Tustin desires to attend that meeting by way of
teleconference.
IT IS FURTHER RESOLVED that this Resolution is effective immediately upon its
adoption date but the findings required by Government Code section 54953(e)(3) must
be made at least every 30 days in order for the provisions of Assembly Bill 361 to continue
to apply to teleconferencing by members the City Council. Future findings may be made
with or without a Resolution of the Council.
IT IS FURTHER RESOLVED that the legislative bodies of the City of Tustin are
authorized to consider and reconsider the circumstances of the state of emergency and
whether to adopt the findings required by Government Code section 54953(e)(3).
IT IS FURTHER RESOLVED that this Resolution shall expire and be of no further
force or effect upon the expiration or revocation of the requirements of Government Code
section 54953(e).
PASSED, APPROVED AND ADOPTED this 5th day of October, 2021 .
DocuSigned by:
LE T'AFt;LA
Mayor
ATTEST:
DocuSigned by:
`LV'iCa (�aStti�,a
E CAAW YASUDA,
City Clerk
Resolution 21-89
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DocuSign Envelope ID:OE07E7DE-3638-4988-8507-EB263ED01 D05
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council is
five; that the above and foregoing Resolution No. 21-89 was duly and regularly passed
and adopted at a regular meeting of the City Council held on the 5th day of October, 2021
by the following vote:
COUNCILMEMBER AYES: Clark, Lumbard, Gallagher, Gomez (4)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: Cooper (1)
DocuSigned by:
U"'S'JA
ERI " MMVA )A,
City Clerk
Resolution 21-89
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