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, City Commissions and Committees could continue to meet remotely in adherence with AB 361 in order to ensure the health and safety of the public MEETING DATE: January 24, 2023
RECOMMENDATION:
Staff is recommending that the City Council adopt a 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, City Commissions and Committees could continue to meet remotely in adherence with AB 361 in order to ensure the health and safety of the public.” ANALYSIS:
While members of the public are now able to attend City Council meetings in person while adhering to social distancing, re-authorizing the resolution allows for councilmembers and members of the public to participate remotely should they need to do so. However, approving the Resolution would 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. This Resolution would 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.
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.
Shortly after, 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. In addition, 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. This action would allow the City to 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.
For the duration of the declared emergency, the City may extend the authorization for additional thirty (30) day increments via another resolution that makes specific findings in support of continuing remote meetings. Governor Newsom has announced that the Covid state of emergency will end on February 28, 2023.
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 and public to participate in person and remotely should the City and region experience spikes in COVID-19 cases or any other health or safety issues.
ALTERNATIVES:
Authorize the resolution as prescribed; and/or
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