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Town Council Resolution No. 30-2022 8/3/2022
RESOLUTION NO. 30-2022 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AND ON BEHALF OF COMMISSIONS AND COMMITTEES CREATED BY THE TOWN COUNCIL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54952(b) AUTHORIZING
TELECONFERENCE MEETINGS IN COMPLIANCE WITH AB 361 (GOVERNMENT CODE SECTION 54953(e)) TO CONTINUE TO ALLOW MEMBERS OF THE PUBLIC TO SAFELY PARTICIPATE IN LOCAL GOVERNMENT MEETINGS WHEREAS, the Town Council is committed to ensuring public access to observe and
participate in local government meetings; and
WHEREAS, all meetings of the Town Council and other legislative bodies created pursuant to Government Code Section 54952(b) are open and public, as required by the Ralph M. Brown Act, so that any member of the public may participate in local government meetings; and
WHEREAS, the recently adopted AB 361, codified at Government Code section 54953(e),
makes provisions for remote teleconferencing participation in local government meetings, without compliance with the requirements of 54953(b)(3), during a Governor-proclaimed state of emergency and if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, and
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency due to the outbreak of respiratory illness due to a novel coronavirus (now known as COVID-19) and that State of Emergency is still in effect in the State of California; and
WHEREAS, on March 3, 2020, Marin County declared a local emergency due to the COVID-
19; and WHEREAS, on March 16, 2020, the Town Manager proclaimed the existence of a local state of emergency within the Town, pursuant to Section 21-6 of the Tiburon Municipal Code and Section
8625 of the California Emergency Services Act in response to the COVID-19 pandemic, which was
ratified by the Town Council on March 18, 2020; and WHEREAS, COVID-19 continues to threaten the health and lives of Town residents; and
WHEREAS, the SARS-CoV-2 Delta Variant (Delta Variant) and SARS-CoV-2 Omicron
Variant (Omicron Variant) are highly transmissible in indoor settings; and WHEREAS, on July 28, 2021, the California Department of Public Health issued guidance calling for the use of face coverings and stating that the Delta Variant is two times as contagious as
early COVID-19 variants, leading to increasing infections, the Delta Variant accounts for over 80% of
cases sequenced, and cases and hospitalizations of COVID-19 are rising throughout the state; and WHEREAS, on January 5, 2022, the California Department of Public Health issued guidance again requiring universal masking indoors and stating that the Omicron Variant is more contagious
than early COVID-19 variants and the Delta Variant, and has increased the seven-day average case rate
more than sixfold and doubled COVID-19 hospitalization rates; and
DocuSign Envelope ID: 131B505F-9059-44B5-9076-A3FFD923C763
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Town Council Resolution No. 30-2022 8/3/2022
WHEREAS, the Delta and Omicron Variants have caused, and will continue to cause,
conditions of imminent peril to the health safety of persons within the Town; an WHEREAS, the Town Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees and other bodies that were created
by the Town Council pursuant to Government Code section 54952(b) (collectively referred to as
“Legislative Bodies”), finds that the current conditions meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government
meetings.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that the Town Council does hereby:
1. Find that Current Conditions Authorize Teleconference Public Meetings of Legislative
Bodies. Based on the California Governor’s continued declaration of a State of Emergency and current conditions, the Town Council finds that meeting in person would present imminent risks to the health or safety of attendees, such that the conditions continue to exist pursuant to Government Code section 54953(e)(3) to allow
Legislative Bodies to use teleconferencing to hold public meetings in accordance with
Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings. 2. Authorize Legislative Bodies to Conduct Teleconference Meetings. The Legislative
Bodies are hereby authorized to take all actions necessary to carry out the intent and
purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act.
PASSED AND ADOPTED at a regular meeting of the Town Council on August 3, 2022, by the
following vote: AYES: COUNCILMEMBERS: Fredericks, Griffin, Ryan, Thier, Welner NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
__________________________
JON WELNER, MAYOR
TOWN OF TIBURON ATTEST: ____________________________
LEA STEFANI, TOWN CLERK
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