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CITY COUNCIL STAFF REPORT
DATE: JANUARY 27, 2022 CONSENT CALENDAR
SUBJECT: FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION,
AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
FROM: Justin Clifton, City Manager
BY: Anthony J. Mejia, City Clerk
RECOMMENDATION:
Find that the City Council has considered the circumstances of the state of emergency
during a proclaimed state of emergency, and state or local officials have imposed or
recommended measures to promote social distancing, and as a result, the Palm Springs
City Council and all of Palm Springs Board, Commission, and Committee meetings will
be held by videoconference, in accordance with AB 361.
BACKGROUND:
Governor Newsom’s Executive Orders N-29-20 and N-35-20, which relaxed some of the
Brown Act’s teleconferencing provisions during the COVID-19 pandemic, expired on
September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which
amends sections of the Brown Act to allow legislative bodies to more easily hold
teleconference meetings during a state of emergency.
In order to utilize these provisions of the Brown Act, the City Council must find that it has
considered the circumstances of the state of emergency, and either:
(1) state or local officials have imposed or recommended measures to
promote social distancing as a result of the proclaimed state of
emergency, or
(2) the state of emergency continues to directly impact the ability of the
members to meet safely in person.
The City Council must make these findings every 30 days for as long as the City is
conducting virtual meetings under AB 361.
City Staff and the City Attorney’s Office believe that these findings can be made. Although
the Governor’s Executive Orders dealing with virtual meetings have expired, the original
state of emergency for COVID-19 is still in effect. In addition, the California Department
of Public Health (CDPH) and the County of Riverside continue to recommend social
distancing as a result of the COVID-19 state of emergency.
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City Council Staff Report
January 27, 2022 -- Page 2
Virtual Meetings Under AB 361
As such, City Staff and the City Attorney recommend that the City Council make these
findings, including at every Council meeting, in order to meet the “every 30 days”
requirement of AB 361. These findings would apply to all City Boards, Commissions and
Committees, so they are able to hold virtual meetings under AB 361.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
REVIEWED BY:
Department Director: Anthony J. Mejia
City Attorney: Jeffrey S. Ballinger
City Manager: Justin Clifton
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