TO: Honorable City Council
FROM: City Manager
SUBJECT: Consideration of a Resolution Proclaiming a Local Emergency, Ratifying the Proclamation of a State of Emergency by Governor Newsom, Finding that the Proclaimed State of Emergency Continues to Impact the Ability to Meet Safely in Person, and Declaring that the City Council and City Commissions and Committees will Continue to Meet Remotely in Adherence With AB 361 in Order to Ensure the Health and Safety of the Public MEETING DATE: July 13, 2022
RECOMMENDATION:
Staff is recommending that the City Council adopt a City Council Resolution entitled: “A Resolution Proclaiming a Local Emergency, Ratifying the Proclamation of a State of Emergency by Governor Newsom, Finding that the Proclaimed State of Emergency Continues to Impact the Ability to Meet Safely in Person, and Declaring that the City Council and City Commissions and Committees Will Continue to Meet Remotely in Adherence With AB 361 in Order to Ensure the Health and Safety of the Public.” ANALYSIS:
Staff is recommending that at this time, the City Council and staff meet in-person while adhering to social distancing and for members of the public to participate remotely. Approving the Resolution would however permit members of the City Council (as well as staff) to participate remotely based on their specific situation. This could include a positive COVID case or exposure, and/or other health concerns. At this time, there is currently another uptick in cases locally. Staff would expect that as circumstances improve and/or the City Council is more comfortable, we could also welcome the public in person. This Resolution is required however, to ensure that members of the City Council are not prevented from participating safely in the meetings, if circumstances require that they do so remotely.
Beginning in March 2020, Governor Newsom issued a series of Executive Orders aimed at containing the novel coronavirus (COVID-19). Among these were several Executive Orders N-25-20, N-29-20, N-35-20 (collectively, the Brown Act Orders) that waived requirements in the Brown Act expressly or impliedly requiring the physical presence of city councilmembers, staff, or the public at local agency meetings. Specifically, the orders:
• Waived the requirement that local agencies provide notice of each teleconference location from which a member of the legislative body will be participating in a public meeting; • Waived the requirement that each teleconference location be accessible to the public; • Waived the requirement that members of the public be able to address the legislative body at each teleconference conference location; • Waived the requirement that local agencies post agendas at all teleconference locations; and, • Waived the requirement that at least a quorum of the members of the local body participate from locations within the boundaries of the territory over which the local body exercises jurisdiction.
On June 11, 2021, the Governor issued Executive Order (EO) N-08-21 to begin winding down some of the prior measures that were adopted to respond to COVID-19. Notably, EO N-08-21 rescinds the Brown Act Orders, effective September 30, 2021.
On September 16, 2021, Governor Newsom signed Assembly Bill AB 361 (Rivas, 2021), which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar, but not identical to the rules and procedures established by the Brown Act Orders. The pending expiration of the Brown Act Orders and the enactment of AB 361 created some ambiguity. To provide clarification, the Governor issued Executive Order N-15-21, explaining that cities may continue to hold meetings in accordance with the Brown Act Orders until September 30, or they may hold meetings in accordance with the requirements of AB 361.
Should the City Council wish to continue offering the opportunity to meet remotely pursuant to AB 361, the City Council would be required to adopt the attached resolution. If the City Council chooses to utilize the option for remote meetings under AB 361, it can continue using the remote meeting procedures it has been using throughout the COVID-19 pandemic, subject to certain requirements that must be considered as part of the initial determination to adopt remote meeting protocols. Once adopted, the initial authorizing resolution is effective for no more than thirty (30) days.
The City may extend the authorization for an additional thirty (30) days via another resolution that makes specific findings in support of continuing remote meetings. The City may continue to extend the authorization for additional thirty (30) day increments for the duration of the declared emergency, or until the City Council decides to return to in-person meetings, or otherwise complies with the regular remote meeting requirements of the Brown Act.
To implement remote meetings under AB 361, one of three criteria must be met at the time the City is holding a meeting during a proclaimed state of emergency by the Governor that includes area within the jurisdictional boundaries of the City:
• State or local officials have imposed or recommended measures to promote social distancing; or • For the purpose of determining, by majority vote, whether as a result of the state of emergency, meeting in person would present imminent risks to the health or safety of attendees; or • The City Council has previously determined, by majority vote, that, as a result of the state of emergency, meeting in person would present imminent risks to the health or safety of attendees.
If one of these three criteria are met, then the City can conduct meetings remotely via Government Code §§ 54953(e), et seq.
If the City Council makes the required findings and chooses to meet remotely, every 30 days the City Council will be required to make findings about whether the circumstances still apply. The City Council must find that it reconsidered the circumstances of the State of Emergency and that one of the following circumstances remains:
• The City Council finds that meeting in person would present imminent risks to the health or safety of attendees; or • State or local officials have imposed or recommended measures to promote social distancing.
If the City Council makes the findings to continue having remote meetings, the City must meet the following requirements:
1. The City must give notice and post agendas as otherwise required by the Brown Act, including directions for how the public can access the meetings;
2. Provide members of the public access to the meeting and an opportunity to address the body directly;
3. Provide members of the public the opportunity to comment in real time;
4. Suspend further action on items in the meeting agenda in the event that there is a disruption in the ability of the meeting to be broadcast to members of the public or in the ability for members of the public to comment; Safety Measures at Public Meetings
The table below is a summary of options staff has outlined to assist the City Council in its discussion and provide feedback to staff as staff continues to plan for the future format of public meetings.
As the City Council reviews, please note that staff has identified a couple of scenarios to consideration associated with transitioning to any of the modules that have an in-person component:
1. Wearing Masks During Meetings. Detrimental to the quality, clarity and the volume of speech and can make it difficult to be understand and to tell who is speaking.
2. Quality of Recording.
3. Room Capacity Limits. Staff would have to close every other row and separate individuals two or three seats away.
It is recommended that the City Council authorize the attached resolution extending the emergency resolution for another 30 days. Adopting the resolution will provide the City the flexibility to have in-person meetings while preserving the right to allow members of the City Council to participate remotely should the City and region experience spikes in Covid-19 cases.
What follows are the alternatives at this present time, July 13, 2022.
ALTERNATIVES:
1) Continue to provide for hybrid meetings with the goal of in-person on July 26, 2022, for at least 30 days thereafter, to conduct public meetings in-person and virtually for meetings of all public bodies subject to the Brown Act in accordance with the requirements of AB 361; requires Resolution adoption every 30 days. 2) Other approach as directed by the City Council.
FISCAL IMPACT:
There is no fiscal impact associated with the recommendations in this report.
RELATIONSHIP TO STRATEGIC PLAN:
This matter is applicable to the following Strategic Focus Area and Guiding Principle: Community Quality of Life – Guiding Principle 5: Foster environmentally conscious initiatives and continue to identify and develop city codes that support a clean, well-maintained, sustainable community.
Respectfully submitted by: Edgar P. Cisneros, City Manager Recommended by: Lena Shumway, Director of Administrative Services and City Clerk Approved as to form: Noel Tapia, City Attorney
ATTACHMENTS:
Resolution
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AGENDA REPORT