Res 22-002RESOLUTION NO. 22-002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ALLOWING FOR THE CONTINUED USE
OF TELECONFERENCING FOR MEETINGS DURING THE
COVID-19 STATE OF EMERGENCY, PURSUANT TO
CALIFORNIA ASSEMBLY BILL 361 (2021-2022)
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a State
of Emergency in response to COVID-19, pursuant to Section 8625 of the California Emergency
Services Act (Article 1 [commencing with Section 8550] of Chapter 7 of Division 1 of Title 2);
WHEREAS, on March 11, 2020 the World Health Organization publicly characterized
COVID-19 as a pandemic;
WHEREAS, on March 13, 2020, the President of the United States declared a National
Emergency due to the spread and the effects of COVID-19;
WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive
Order N-29-20 that, in an effort to confront and contain COVID-19, suspended certain provisions
of the Ralph M. Brown Act providing local agencies with greater flexibility to hold meetings via
teleconferencing;
WHEREAS, on September 16, 2021, the Governor of the State of California signed
Assembly Bill 361 (2020-2022) ("AB 361") amending the Ralph M. Brown Act providing local
agencies with greater flexibility to hold meetings via teleconferencing during a proclaimed state
of emergency when: (1) state or local officials have imposed or recommended measures to
promote social distancing and/or (2) the legislative body of the local agency has determined, by
majority vote, that, as a result of the emergency, meeting in person would present imminent risks
to the health or safety of attendees (California Government Code Section 54953(e)(1));
WHEREAS, AB 361 was chaptered into law as an urgency statute with its effectiveness
waived until October 1, 2021, subject to the Governor of the State of California's Executive Order
N-15-21 dated September 20, 2021; and
WHEREAS, in order to continue holding meetings via teleconferencing, AB 361 requires
the legislative body of a local agency to periodically make the findings set forth in California
Government Code Section 54953(e)(3).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby
finds and declares:
SECTION 1: That the above recitals are true and correct.
SECTION 2: That the City Council does hereby find the following:
(a) A state of emergency has been proclaimed pursuant to Section 8625 of
the California Emergency Services Act (Article 1 [commencing with Section
. 8550] of Chapter 7 of Division 1 of Title 2); and
Resolution No. 21-002
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(b) The City Council has reconsidered the circumstances of the state of
emergency; and
(c) The state of emergency continues to directly impact the ability of the
members of the City Council to meet safely in person; and
(d) State and local officials continue to impose or recommend measures to
promote social distancing.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 18th day of January, 2022 by the following vote, to wit:
AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
dip
Carrie Gallagher, CMC, City Clerk