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File Number: 22-059 <br />and in compliance with public health orders and has allowed the City to ensure the public ’s <br />continued access to government meetings while also ensuring the public’s safety. <br />On June 11, 2021, Governor Newsom issued Executive Order N -08-21, which among other <br />things, rescinded his prior Executive Order N -29-20 and set a date of October 1, 2021 for <br />agencies to transition back to public meetings held in full compliance with the Brown Act. <br />Since the Governor issued Executive Order N -08-21, the highly contagious Delta and Omicron <br />variants have emerged, causing a spike in cases throughout the state. As a result, the California <br />Department of Public Health issued a Health Order requiring masks indoors in public places, <br />regardless of vaccination status, from December 15, 2021 to February 15, 2022. <br />On September 16, 2021, the Governor signed AB 361 (2021), which allows for legislative bodies <br />as defined by the Brown Act to continue to conduct meetings via teleconferencing under specified <br />conditions and includes a requirement that the Council make specified findings. AB 361 took <br />effect immediately. <br />DISCUSSION <br />The California Legislature approved AB 361 and the Governor signed the bill into law on <br />September 16, 2021. The bill allows local legislative bodies to continue to meet remotely after the <br />October 1st deadline. A local agency ’s legislative body and advisory bodies will be allowed to <br />continue to meet remotely when: <br />·The local agency holds a meeting during a Governor declared state of emergency; and <br />·State or local health officials have imposed or recommended measures to promote social <br />distancing; or <br />·Legislative bodies declare the need to meet remotely due to present imminent risks to the <br />health or safety of attendees. <br />The City meets the requirements to continue holding meetings remotely in order to ensure the <br />health and safety of the public: <br />·The State of California is still under a state of emergency; and <br />·Alameda County Department of Public Health orders recommend that all individuals in public <br />spaces maintain social distancing and the California Department of Public Health <br />mandates the wearing of masks until February 15, 2022. <br />Now that AB 361 was signed into law, the City Council would need to declare every 30 days that <br />the City’s legislative bodies must continue to meet remotely in order to ensure the health and <br />safety of the public. <br />Staff recommends that the City Council adopt a resolution to declare these findings so that all of <br />the City’s legislative bodies can continue to meet remotely. <br />FISCAL IMPACT <br />There is no fiscal impact. <br />Page 2 City of San Leandro Printed on 2/3/2022