DEPARTMENT
Commission
AGENDA NO.
3 MEETING DATE
January 25, 2022
APPROVAL:
COMMISSION
SECRETARY
Donna Hood
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Adopt Renewed Findings Under State Urgency Legislation to Allow Continued Remote Meeting During the COVID-19 Emergency
Summary of
Proposed
Commission Action:
Adopt renewed findings under State Urgency Legislation to continue to allow remote meetings during the COVID-19 Emergency; Continue remote meetings for the next 30 days; and direct the Commission Secretary to agendize a similar r esolution at a Commission Meeting within the next 30 days.
Background: In March 2020, the Governor of California proclaimed a state of emergency in connection with the COVID-19 pandemic (COVID-19 emergency), which remains in effect. In early 2020, Mayor Breed also issued orders suspending the local Charter prohibition on remote meetings and prohibiting boards and commissions, other than the Board of Supervisors, from meeting in person, both of which remain in effect.
Upon expiration of the Governor’s order on remote meetings, the Legislature enacted AB 361, which allows boards and commissions, including the San Francisco Public Utilities Commission, to hold remote meetings under certain conditions. On October 12, 2021 by Resolution 21-0158, the Commission first adopted the recommended findings allowing it to continue to meet remotely for 30 days and has continuously adopted resolutions for this purpose. As this meeting is within the 30-day period from the prior resolution, staff recommends that the Commission adopt the recommended findings at this meeting to allow it to meet remotely for the next 30 days, and direct the Commission Secretary to agendize a similar resolution at a Commission meeting within the next 30 days.
Circumstances Leading to Remote Meetings
In March 2020, the Governor proclaimed a state of emergency in California in connection with the COVID-19 emergency, and that state of emergency remains in effect. In early 2020, the Governor also issued an order suspending the teleconferencing provisions of the Agreement: Adopt Renewed Findings Under State Urgency Legislation Commission Meeting Date: January 25, 2022
Brown Act, which enabled boards and commissions to hold remote meetings without complying with rules regarding notice and public attendance at teleconference locations. Upon termination of the Governor’s order, the Legislature enacted AB 361 (codified as Government Code Section 54953), which enacts many provisions of the emergency order and allows boards and commissions to continue meeting remotely if certain conditions are met.
In San Francisco, on February 25, 2020, the Mayor declared a local emergency, and on March 6, 2020, the City’s Health Officer declared a local health emergency, and both those declarations remain in effect.
In March 2020, the Mayor issued an order suspending the local Charter prohibition on remote meetings and an order prohibiting boards and commissions (other than the Board of Supervisors) from meeting in person. On December 17, 2021, the Mayor issued the forty-first supplement to the emergency proclamation extending the period for remote meetings to February 28, 2022.
State Urgency Legislation (Government Code Section 54953 (AB 361))
Under Government Code Section 54953, local policy bodies may to continue to convene by teleconferencing technology during a proclaimed state of emergency under the State Emergency Services Act so long as certain conditions are met, including that the policy body makes certain findings related to the emergency at least once every 30 days. The Governor’s March 2020 order proclaiming a state of emergency remains in effect. Each board or commission must make two findings at least once every 30 days to justify continuing to meet remotely:
• (1) the board or commission has considered (or reconsidered) the circumstances of the state of emergency, and
• (2a) the state of emergency continues to directly impact the ability of members to meet safely in person, or
• (2b) state or local officials continue to impose or recommend measures to promote social distancing.
Current State of the Emergency and Recommended Health
Protocols Supporting Findings
While Federal, State, and local health officials emphasize the critical importance of vaccination and consistent mask-wearing to prevent the spread of COVID-19, the City’s Health Officer has issued at least one order (Health Officer Order No. C19-07y, available online at www.sfdph.org/healthorders
) and one directive (Health Officer
Directive No. 2020-33i, available online at www.sfdph.org/directives) that continue to recommend measures to promote physical distancing and other social distancing measures, such as masking, in certain Agreement: Adopt Renewed Findings Under State Urgency Legislation Commission Meeting Date: January 25, 2022
contexts. And, the California Department of Industrial Relations Division of Occupational Safety and Health (Cal/OSHA) has promulgated Section 3205 of Title 8 of the California Code of Regulations, which requires most employers in California, including in the City, to train and instruct employees about measures that can decrease the spread of COVID-19, including physical distancing and other social distancing measures.
In addition, the City’s Department of Public Health, in coordination with the City’s Health Officer, has advised that for group gatherings indoors, such as meetings of boards and commissions, people can increase safety and greatly reduce risks to the health and safety of attendees from COVID-19 by maximizing ventilation, wearing well- fitting masks (as required by Health Officer Order No. C19-07), using physical distancing where the vaccination status of attendees is not known, and considering holding the meeting remotely if feasible, especially for long meetings, with any attendees with unknown vaccination status and where ventilation may not be optimal. Based on the above, state and City orders and recommended protocols support the recommended findings.
Recommendation: SFPUC staff recommends the Commission adopt the recommended findings allowing it to continue to meet remotely for the next 30 days and direct the Commission Secretary to agendize a similar resolution at a Commission meeting within the next 30 days.
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, Under California Gover nment Code Section 54953(e), local policy bodies may convene by teleconferencing technology during a proclaimed state of emergency under the State Emergency Services Act so long as certain conditions are met; and
WHEREAS, In March 2020, the Governor of the State of California proclaimed a state of emergency in California in co nnection with the Coronavirus Disease 2019 (COVID -19) pandemic, and that state of emergency remains in effect; and
WHEREAS, In February 25, 2020, the Mayor of the City and County of San Francisco (the City) declared a local emergency, and on March 6, 2020, the City’s Health Officer declared a local health emergency and both those declarations also remain in effect; and
WHEREAS, On March 11 and March 23, 2020, the Mayor issued emer gency orders suspending select provisions of local law, including se ctions of the City Charter, that restrict teleconferencing by members of poli cy bodies; those orders remain in effect, so City law currently allows policy bodies to meet remotely if they c omply with restrictions in State law regarding teleconference meetings; and
WHEREAS, On September 16, 2021, the Governor signed AB 361 (codified as Government Code Section 54953), a bill that amends the Brown Act to allow local policy bodies to continue t o meet by teleconferencing during a state of emergency without complying w ith restrictions in state law that would otherwise apply, provided that the policy bodies make certain findings at least once every 30 days; and
WHEREAS, While federal, state, and l ocal health officials emphasize the critical importance of vaccination and consistent mask-wearing to prevent the spread of COVID -19, the City’s Health Officer has issued at least one order (Health Officer Ord er No. C19-07y, available online at www.sfdph.org/healthorders) and one directive (Health Officer Directiv e No. 2020-33i, available online at www.sfdph.org/directives) that continue to recomme nd measures to promote physical distancing and other social dist ancing measures, such as mas king, in certain contexts; and
WHEREAS, The California Department of Industrial Relations Division of Occupational Safety and Health (Cal/OSHA) has promulgated Se ction 3205 of Title 8 of the California Code of Regulations, whic h requires most employers in California, including in the City, to train and instruct employees about measures that can d ecrease the spread of COVID -19, including physical distancing and other social distancing measures; and
WHEREAS, Without limiting any requirements under applicable federal, state, or local pandemic-related rules, orders, or dir ectives, the City’s Departme nt of Public Health, in coordination with the City’s Health Officer, has advised that for group gatherings indoors, such as meetings o f boards and commissions, pe ople can increase s afety and greatly reduce risks to the health an d safety of attendees from C OVID-19 by maximizing ventilation, wearing well - fitting masks (as required by Health Officer Order No. C19- 07), using physical distancing where the vaccination status of attendees is not known, and considering holding the meeting remotely if feasible, especially for long meetings, with any attendees with unknown vaccination status and where ventilation may not be optimal; and
WHEREAS, On July 31, 2020, the Mayor i ssued an emergency order that, with limited exceptions, prohibited policy bodies other than the Board of Supervisors and its committees from meeting in person under any circumstances and updated that order on December 17, 2021, so as to ensure the safety of policy body members, City staff, and the public; and
WHEREAS, The San Francisco Public Utilities Commission has met remotely during the COVID-19 emergency and can continue to do so in a manner that allows public participation and transparency while mini mizing health risks to members, staff, and the public that woul d be present with in-person meetings while this emergency continues; now, therefore, be it
RESOLVED, That the Public Utilities Commission finds as follows:
1. As described above, the State of Ca lifornia and the City remain in a state of emergency due to the COVID-19 pandemic. At this me eting, the Commission has considered the circumstances of the state of emergency.
2. As described above, State and City officials continue to recommend measures to promote physical distancing and other social distancing measures, in some settings.
3. As des cribed above, because of the COVID -19 pandem ic, conducting meetings of this body and its committees in person would present imminent risks to the safety of attendees, and the state of emergency continues to directly i mpact the ability of members to meet safely in person; and, be it further
RESOLVED, For at least the next 30 days, meeti ngs of the Public Utilities Commission and its commit tees will continue to occur exclusively by teleconferencing technology (and no t by any in- person meetings or any other me etings with public access to the places wher e any policy body member is present for the meeting). Such meetings of the Commission and i ts committees that occur by teleconferencing technology will provide an opport unity for members of the public to address t his body and its committ ees and will otherw ise occur in a manner that protects th e statutory and constitutional ri ghts of parties and the members of the public attending the meeting via teleconferencing; and, be it further
RESOLVED, That the Commission S ecretary is directed to place a resolution substantially similar to this resolution on the agenda of a future meet ing of the Public Ut ilities Commission within the next 30 days. If the Commission does not me et within the next 30 days, the Commission Secre tary is directed to place such a resolution on the agenda of the next meeting of the Commission.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of January 25, 2022.
Secretary, Public Utilities Commission