HomeMy WebLinkAbout71-21RESOLUTION 71-21
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
TO AUTHORIZE THE LEGISLATIVE BODIES OF THE TOWN OF LOS ALTOS
HILLS, INCLUDING CITY COUNCIL AND ALL ADVISORY BODIES, TO
CONTINUE MEETING VIRTUALLY THROUGH TELECONFERENCE MEETINGS
AND MAKING RELATED FINDINGS PURSUANT TO AB 361
WHEREAS, all Town of Los Altos Hills ("Town") meetings are open and public, as required by
the Ralph M. Brown Act (Cal. Gov. Code 54950 — 54963), so that any member of the public may
attend, participate, and watch the Town's legislative bodies conduct their business; and
WHEREAS, on February 3, 2020, Santa Clara County's Health Officer declared a local health
emergency based on an imminent and proximate threat to public health from the introduction of
the respiratory illness known as the novel coronavirus disease 2019 ("COVID-19") in Santa Clara
County; and
WHEREAS, on February 10, 2020, the Board of Supervisors of Santa Clara County ratified the
Health Officer's declaration of local health emergency; 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 an anticipated broader spread of
COVID-19; and
WHEREAS, on March 19, 2020, the Los Altos Hills City Council ("City Council") proclaimed a
local emergency due to the COVID-19 pandemic, and has continued to confirm the existence of a
local emergency; 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 Executive Order N-29-20, staff set up virtual meetings for all City
Council meetings and meetings of all Town legislative bodies; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which,
effective September 30, 2021, repealed the provisions of Executive Order N-29-20 that allowed
local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (2021) which took effect
immediately and allows for local legislative bodies and advisory bodies to continue to conduct
meetings via teleconferencing under specified conditions and includes a requirement that the City
Council make specified findings; and
Resolution 71-21 Page 1
WHEREAS, in order for legislative bodies to continue to conduct meetings via teleconferencing
pursuant to AB 361 (2021), a proclaimed State of Emergency must exist; 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, on September 16, 2021 the City Council approved a motion to continue conducting
all legislative body meetings through teleconference and made required findings pursuant to AB
361; and
WHEREAS, under Government Code Section 54953(e)(1), if City Council desires for all
legislative bodies of the Town to continue to meet through teleconference, every 30 days during
the proclaimed state of emergency and/or the period during which state or local officials have
imposed or recommended social distancing measures, the legislative body acting under the
teleconference exemptions must make findings about whether the circumstances still apply; and
WHEREAS, every 30 days the City Council must find that it reconsidered the circumstances of
the state of emergency and that either (i) the emergency continues to directly impact the ability
of members to safely meet in person, or (ii) state or local officials continue to impose or
recommend measures to propose social distancing; and
WHEREAS, City Council has determined that such conditions continue to exist in the Town,
specifically, Governor Newsom has declared a State of Emergency due to COVID-19 and the City
Council has confirmed the continued existence of the local emergency due to COVID-19; and
WHEREAS, since issuing 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 Santa
Clara County; and
WHEREAS, on August 2, 2021, in response to the Delta variant of COVID-19, the Santa Clara
County Health Officer issued an order for nearly all individuals to wear masks when inside public
spaces; and
WHEREAS, the Centers for Disease Control and Prevention ("CDC") continues to recommend
physical distancing of at least six (6) feet from others outside of the household; and
WHEREAS, because of the rise in cases due to the Delta variant of COVID-19, the City Council
is concerned about the health and safety of all individuals who intend to attend meetings of the
Town's legislative bodies, including City Council and advisory body meetings; and
WHEREAS, the City Council desires to provide a way for the Council, staff, and members of the
public to participate in meetings remotely, without having to attend meetings in person; and
WHEREAS, the City Council hereby finds that the presence of COVID-19 and the increase of
cases due to the Delta variant would present imminent risks to the health or safety of attendees,
Resolution 71-21 Page 2
including members of the public, legislative bodies and staff, should the Town's legislative bodies
hold in person meetings; and
WHEREAS, the Town shall ensure that it's meetings comply with the provisions required by
AB 361 (202 1) for holding teleconferenced meetings.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as
follows:
1. The above recitals are true and correct and hereby 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 the Town, continues
to directly impact the ability of the City Council and the City's legislative
bodies, as well as staff and members of the public, from meeting safely in
person; and
c) The CDC continues to recommend physical distancing of at least six (6) feet
due to COVID-19 and as a result of the presence of COVID-19 and the increase
of cases due to the Delta variant, meeting in person would present imminent
risks to the health or safety of attendees, the legislative bodies and staff.
3. The City Council and all of the Town's other legislative bodies may continue to
meet remotely in compliance with AB 361, in order to better ensure the health and safety of the
public.
4. The City Council will revisit the need to conduct meetings remotely within thirty
(30) days of the adoption of this resolution.
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los
Altos Hills at a regular meeting held on the 21" day of October 2021, by the following vote:
AYES: Tankha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSENT: None
ABSTAIN: None
BY:
Resolution 71-21
Kavita Tankha, Vice Mayor
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ATTEST:
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Pado'-van,'City Clerk
Resolution 71-21
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