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Home My WebLink AboutPC RES 4445 DocuSign Envelope ID: F9C5CCD1-33B7-4782-8C7C-8F4EEB89B701 TuSTIN TRELS Inter-Com DATE: FEBRUARY 9, 2022 TO: FILE j HISTORY FROM: VERA HURTADO, EXECUTIVE ASSISTANT BUILDING OUR FUTURE HONORING OUR PAST SUBJECT: CORRECTION TO RESOLUTION NO. 4442 It was brought to staff's attention that Resolution No. 4442, adopted on October 12, 2021, was a duplicate Resolution number. As such, the subject Resolution is given a new number (Resolution No. 4445). Attached is the newly revised Resolution No. 4445, regarding Assembly Bill 361 for the Use of Teleconferencing for Meetings of the Tustin Planning Commission. Dacuigned by:a b ?ocuSigned by, - .... OWK04.1�/ V123CB041394E � 54A5 Vera Hurtado Justina L. Willkom Executive Assistant Community Development Director Attachments: A. Planning Commission Resolution No. 4445 (revised). B. Email from Michael Daudt, Assistant City Attorney, dated February 8, 2022 ATTACHMENT A I 1 RESOLUTION NO. 444$t ' A RESOLUTION OF THE PLANNING COMMISSION 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 PLANNING COMMISSION The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That 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 B. That on March 4, 2020, California Governor Newsom declared a State of Emergency in response to the COVID- 19 pandemic; and C. That 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 D. That 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 E. That 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 F. That as of September 30, 2021, the Governor's Executive Order suspending the Brown Act's teleconferencing requirements expired; and PC Resolution No.4444 Resolution Making Findings for Teleconference Meetings Page 2 of 4 G. That 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 molds 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 H. That 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 1. That the Tustin Planning Commission 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 Planning Commission to utilize the provisions of Assembly Bill 361 when attending public meetings via teleconferencing; and J. That notwithstanding that the City's legislative bodies, as Wined 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 Planning Commission'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. K. That the Planning Commission has reconsidered the circumstances of the state of emergency. L At the time this Resolution is adopted, a state of emergency proclaimed by California's Governor due to the COV1D-19 pandemic continues to exist. ii. 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. I iii. Members of the Planning Commission 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 Planning Commission comply with the requirements of AB 361. iv. That if a member of the Planning Commission 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. v. 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 Planning Commission of the City of, Tustin desires to attend that meeting by way of teleconference. L. 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 Planning Commission. Future findings may be made with or without a Resolution of the Commission. M. That the legislative bodies, including the Planning Commission 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). i N. That this Resolution shall expire and be of no further force or effect upon the expiration or revocation j of the requirements of Government Code section 54953(e). Pc Resolution oda. 444X1" Resolution Making Findings for Teleconference Meetings Page 4 of 4 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 12°"G day of October, 2021. _m x AMY MASOIN Chairperson J TINA L. VVILLKOM Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE ) SS CITY OF TITIN � 1, Justina L. 'Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California and that Resolution No. 444xwas duly passed and adopted at a regular meeting of the Tustin Planning Commissicon haN')on the 12, day of October„ 2021 . '.. PLANNING COMMISSIONER AYES: Chu,, Kozak:, �I ason, Mc::t._1.o (5) PLANNING COMMISSIONER NOES; PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT; J ) RAU,ti J INA L, VVILLKOM Planning Commission Secretary i ATTACHMENT B I Hurtado, Vera From: Michael S. Daudt <mdaudt@wss-law.com> Sent: Tuesday, February 8, 2022 1:54 PM To: Hurtado,Vera Subject: RE: please review That works for me. Michael S. Daudt Director Woodruff, Spradtrn & Smart 555 Anton Boulevard, Suite 1200 Costa Mesa, CA, 92626 T. 714415-1059 F: 714-415-1159 mdaudt(cDwss-law.com www.wss-law.com Q 1 WOODRUFF, SPRADLIN&SMART A P r o f s.,a s I o n o I G a r. p a r a t o a n CONFIDENTIALITY NOTICE—This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone at 714-415-1059 or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank You From: Hurtado,Vera <VHurtado@tustinca.org> Sent:Tuesday, February 8, 2022 1:51 PM To: Michael S. Daudt<mdaudt@wss-law.com> Subject: RE: please review Michael, one last question (sorry). Is it okay for me to "handwrite" the new resolution #on the original copy and include the cover memo to upload in Laserfiche? From: Michael S. Daudt<mdaudtPwss-law.com> Sent:Tuesday, February 8, 2022 1:32 PM To: Hurtado,Vera <VHurtado(Ttustinca.ore> Subject: RE: please review Hi Vera, I I 1 ' This is a minor clerical clarification and does nothing to change the substance of the Resolution. Further, the findings, required under AB 361 have been made every thirty days since the enactment of the Resolution. On these facts, I think a memo to file would suffice and there is no need to bring the item back to the Commission. 1'hope that helps. I will miss seeing you all tonight--but hope you enjoy the night off. Best, Michael Michael S. Daudt Director Woodruff, Spradlin & Smart 555 Anton Boulevard, Suite 1200 Costa Mesa, CA, 92626 T: 714-415-1059 F: 714-415-1159 mdaudt _.wss-law,com www.wss-law.com �A ' WOODRUFF, SP tADLIN&SMART A F r o F o e a l a a a i C o r P o r a 4 i.o: a CONFIDENTIALITY NOTICE—This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone at 714-415-1059 or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank .YourFrom: Hurtado,Vera<VHurtado@tustinca.org> Sent:Tuesday, February 8, 2022 12:57 PM To: Michael S. Daudt<mdaudt@wss-law.com> Subject: please review Good afternoon Michael. Justina asked me to check with you. I drafted an agenda report for an error in PC Resolution Nos(duplication). She is asking if we need to take the reso. back to the Commission OR can we just create a memo to file? Please see attached draft agenda report. Thank you. Vera f-turtAdo exeeutWe ASSLstR o t eowt mumu: bevel Dpw+ewt 2