AGENDA
SPECIAL MEETING
BELVEDERE CITY COUNCIL
APRIL 4, 2022, 4:00 PM
REMOTE ZOOM MEETING
On March 3, 2020, Governor Newsom proclaimed a State of Emergency due to the COVID-19 pandemic that remains in effect. This meeting will be held remotely consistent with Executive Order N-29-20 and Assembly Bill 361, modifying provisions of the Brown Act to allow remote meetings at the current time. Members of the public are encouraged to participate remotely via Zoom or telephone pursuant to the information and link below. Public comment will be accepted during the meeting. The public may also submit comments in advance of the meeting by emailing the City Clerk at: [email protected]. Please write “Public Comment” in the subject line. Comments submitted one hour prior to the commencement of the meeting will be presented to the City Council and included in the public record for the meeting. Those received after this time will be added to the record and shared with City Councilmembers after the meeting.
City of Belvedere is inviting you to a scheduled Zoom meeting.
Topic: Belvedere Special City Council Meeting
Time: April 4, 2022, 4:00 pm
Join Zoom Meeting:
https://us02web.zoom.us/j/84445143460?pwd=ZSsxQU10YnVtdjFpSFd1eGIxOHpwQT09 Webinar ID: 844 4514 3460
Passcode: 761268
877 853 5247 US Toll-free
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The City encourages that comments be submitted in advance of the meeting.
However, for members of the public using the Zoom video conference function, those who wish to comment on an agenda item should write “I wish to make a public comment” in the chat section of the remote meeting platform or use the raise hand function. At the appropriate time, the city clerk will allow oral public comment through the remote meeting platform. Any member of the public who needs special accommodations to access the public meeting should email the city clerk at [email protected], who will use her best efforts to provide assistance.
AGENDA
SPECIAL MEETING
BELVEDERE CITY COUNCIL
APRIL 4, 2022, 4:00 PM
REMOTE ZOOM MEETING
COMMENTS ON AGENDA ITEMS BY MEMBERS OF THE AUDIENCE
The audience will be given an opportunity to speak on the special meeting items. Upon being recognized by the Mayor, please limit your oral statement to no more than three minutes. The Council welcomes comments and questions raised by interested citizens but typically does not respond during the comment period.
4:00 P.M. CALL TO ORDER
SCHEDULED ITEMS
1. Adopt a Resolution to Continue Remote Public Meetings pursuant to Assembly Bill 361 (Govt. Code sec. 54953(e).).
2. Discussion of and possible action to determine the process for hiring a new City Manager.
ADJOURN
NOTICE: WHERE TO VIEW AGENDA MATERIALS
Staff reports and other materials distributed to the City Council are available for public inspection at the following locations:
• Online at www.cityofbelvedere.org/archive.aspx
• Belvedere City Hall, 450 San Rafael Avenue, Belvedere. (Materials distributed to the City Council after the Thursday before the meeting are available for public inspection at this location only.) • Belvedere-Tiburon Library, 1501 Tiburon Boulevard, Tiburon.
To request automatic mailing of agenda materials, please contact the City Clerk at (415) 435-3838.
Posted: 4 2 2022
NOTICE: AMERICANS WITH DISABILITIES ACT
The following accommodations will be provided, upon request, to persons with a disability: agendas and/or agenda packet materials in alternate formats and special assistance needed to attend or participate in this meeting. Please make your request at the Office of the City Clerk or by calling 415/435-3838. Whenever possible, please make your request four working days in advance.
AGENDA ITEM NO. : 01
SCHEDULED ITEMS BELVEDERE CITY COUNCIL
APRIL 4, 2022
To: Mayor and City Council
From: Beth Haener, City Clerk
Reviewed by: Craig Middleton, City Manager
Subject: A Resolution Authorizing the Continuation of Remote Public Meetings pursuant to Assembly Bill 361
RECOMMENDATION
That the City Council adopt a Resolution authorizing the continued use of remote meetings pursuant to Assembly Bill 361 and give direction to staff as necessary.
BACKGROUND
At its October 11, 2021 regular meeting, the City Council adopted Resolution 2021-41 authorizing the continuation of virtual public city meetings during the continuing state of emergency relating to the COVID1-19 pandemic for the 30-day period beginning October 11, 2021, and making the required findings pursuant to AB 361. Subsequently, at the November 8, 2021, November 29, 2021, January 10, 2022, February 14, 2022, and March 14, 2022, meetings, the City Council adopted Resolutions 2021-44, 2021-45, 2022-03, and 2022-06, and 2022-12 allowing meetings to be held via teleconference.
In order to continue to hold remote meetings, the City Council must continue to declare every 30 days that (i) the state of emergency continues to be in place; and (ii) State or local officials continue to impose or recommend measures to promote social distancing; or (iii) as a result of the declared emergency, meeting in-person would result in an imminent risk to the health or safety of attendees.
The attached resolution makes the findings to confirm the conditions still exist to allow the continuation of virtual public meetings pursuant to AB 361 for the City Council and on behalf all lower legislative bodies in the City.
The attached resolution anticipates and authorizes remote meetings including hybrid meetings held both via teleconference and in-person. This resolution will allow members of the public to safely observe and participate in local government teleconference meetings during the continued pandemic.
ENVIRONMENTAL DETERMINATION
SCHEDULED ITEMS BELVEDERE CITY COUNCIL
APRIL 4, 2022
A meeting format determination under AB 361 is not a “project” under the California Environmental Quality Act, because it does not involve an activity that has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Res. Code § 21065).
CORRESPONDENCE
As of the writing of this report, no correspondence has been received regarding this agenda item.
RECOMMENDED ACTION
That the City Council adopt the Resolution authorizing the continued use of remote meetings pursuant to Assembly Bill 361 and give direction to staff as necessary.
ATTACHMENT
1. Resolution.
CITY OF BELVEDERE
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELVEDERE
AUTHORIZING THE CONTINUATION OF VIRTUAL PUBLIC CITY MEETINGS DURING THE CONTINUING STATE OF EMERGENCY RELATING TO THE COVID19 PANDEMIC PURSUANT TO ASSEMBLY BILL 361 ______________________________________________________________________ WHEREAS, on March 4, 2020 Governor Newsom declared a State of Emergency pursuant to Government Code section 8625 due to the COVID-19 pandemic, which State of Emergency remains in effect; and
WHEREAS, State Executive Orders N-25-20 and N-29-20, suspended certain provisions of the Brown Act (Gov. Code, §§ 54950 et seq.) to allow public meetings to be held virtually without opening a physical space to the public, which provisions expired September 30, 2021; and WHEREAS, effective September 16, 2021, Assembly Bill 361 allows local agencies to continue to hold remote public meetings through December 31, 2023 when there is a State-declared emergency, and when state or local officials have imposed or recommended measures to promote social distancing or as a result of the declared emergency, meeting in-person would result in an imminent risk to the health or safety of attendees; and WHEREAS, the Government Code section 8625 State of Emergency remains in effect; and WHEREAS, state and local officials continue to impose and recommend measures to promote social distancing due to the continued rates of transmission of the COVID-19 virus and variants as follows:
a. The Marin County Public Health Department continues to recommend the use of masking indoors.
b. On September 22, 2021, the Marin County Director of Health and Human Services, Benita McLarin, issued a letter recommended continued social distancing for governmental meetings, including the use of video and teleconference meetings.
WHEREAS, public meetings involve many people in shared indoor spaces, in close proximity for hours, and City meetings rooms have limited mechanical and natural ventilation, creating a health risk for members of the public at this time; and
WHEREAS, as a result of the continuing declared emergency, public meetings in-person would result in an imminent risk to the health or safety of attendees.
WHEREAS, a meeting format determination under AB 361 is not a “project” under the California Environmental Quality Act, because it does not involve an activity that has the potential to cause Resolution No. 2022-xx
Belvedere City Council
a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Res. Code § 21065.)
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Belvedere based on the findings set forth above and incorporated herein, that public meetings of the City’s legislative bodies shall be held using remote technology in compliance with the requirements of Government Code section 54953(e) and all other applicable laws for thirty (30) days following the date of adoption of this Resolution.
PASSED AND ADOPTED at a special meeting of the City Council of the City of Belvedere on April 4, 2022, by the following vote:
AYES: James Campbell, Nancy Kemnitzer, James Lynch , and Mayor Wilkinson NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:___________________________
Sally Wilkinson, Mayor
ATTEST:_______________________________
Beth Haener, City Clerk