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HomeMy WebLinkAbout2021-066 - California Extending the Authorization Use of Remote Teleconferencing Provisions (AB 361)RESOLUTION 2021-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA EXTENDING THE AUTHORIZATION FOR USE OF REMOTE TELECONFERENCING PROVISIONS (AB 361) WHEREAS, the Ralph M. Brown Act (Government Code section 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means, to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, Assembly Bill 361 (AB 361) amends Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and WHEREAS, the City Council of the City of Santa Ana declared a local emergency on March 17, 2020 pursuant to Santa Ana Municipal Code section 2-404A (now section 2-646A); and WHEREAS, on October 5, 2021, the City Council of the City of Santa Ana approved Resolution 2021-055 authorizing the use of remote teleconferencing provisions pursuant to AB 361: and WHEREAS, in order to continue teleconferencing pursuant to the provisions of AB 361, the City Council is required to make certain findings every thirty (30) days; and WHEREAS, Orange County, California is in an area of substantial transmission of COVID-19, including the highly transmissible Delta Variant, as identified by the Center for Disease Control; and WHEREAS, the City Council of the City of Santa Ana has reconsidered the circumstances of the state of emergency; and WHEREAS, state and local officials continue to recommend measures to promote social distancing to prevent the spread of COVID-19; and WHEREAS, the continuation of virtual meetings will allow for full participation by members of the public until social distancing recommendations are lifted; and WHEREAS, the City Council of the City of Santa Ana desires to continue to hold virtual meetings pursuant to AB 361 and Government Code section 54953(e). Resolution 2021-066 Page 1 of 3 NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Santa Ana as follows: SECTION 1. The above recitals are true and correct and shall be the findings of the City of Santa Ana's City Council and each and every other legislative body of the City. SECTION 2. The City Council of the City of Santa Ana hereby extends the authorization provided by Resolution No. 2021-055 allowing for teleconferencing pursuant to AB 361. SECTION 3. The City Council and all other legislative bodies of the City of Santa Ana created by the City Council or created through its City Charter shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3) based upon the findings and determinations hereby made by the City Council. SECTION 4. The City Clerk shall attest to and certify to the passage and adoption of this resolution and it shall be effective immediately upon its approval. ADOPTED this 21d day of November. 2021. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: cal rz. A R� Laura A. Rossini Chief Assistant, City Attorney AYES NOES: ABSTAIN: NOT PRESENT: Resolution 2021-066 Page 2 of 3 Councilmembers Councilmembers Councilmembers Councilmembers Vicente Sarmiento Mayor Bacerra Hernandez, Lopez, Mendoza, Phan Penaloza, Sarmiento (7) None (0) None (0) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-066 to be the original Resolution adopted by the City Council of the City of Santa Ana on November. 2021. Date: ! i q—/ tqZ I ;J'A�n_ Daisy Gomez Clerk of the Council City of Santa Ana Resolution 2021-066 Page 3 of 3