Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: COVID-19 Update
Date: October 11, 2022
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council review current COVID health orders, adopt a motion directing staff to align city COVID policies with state and local health orders, and discuss timing to resume in-person public meetings.
Background
City Council Meetings
Due to the rapidly spreading COVID-19 virus and eventual pandemic, in April 2020, all City Council and Planning Commission meetings began to be held virtually for the safety all attendees, in accordance with the Governor’s executive order and subsequent legislation (AB 361). Fully virtual meetings continue today in accordance with AB 361.
On September 13, Governor Newsom signed AB 2449 into law, again amending the Brown Act procedures for meetings, effective January 1, 2023 (see attached summary). The City currently follows the virtual meeting provisions of AB 361, which expires on January 1, 2024. AB 361 authorizes a local agency to use teleconferencing without complying with specified teleconferencing requirements in certain circumstances when a declared state of emergency is in effect, or in other situations related to public health.
AB 2449 revises those teleconferencing provisions and, until January 1, 2026, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements that each teleconference location be identified in the notice and agenda and that each teleconference location be accessible to the public, if at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda that is open to the public and situated within the local agency’s jurisdiction. Under this exception, AB 2449 authorizes the council member to participate remotely under specified circumstances, including participating remotely for just cause or due to emergency circumstances. The emergency circumstances basis for remote participation would be contingent on a request to, and action by, the City Council.
AB 2449's teleconference procedures may not be used by a member of the legislative body to teleconference for a period of more than three consecutive months or 20% of the regular meetings within a calendar year, or more than two meetings if the legislative body meets fewer than 10 times per calendar year. Members participating remotely must do so through both audio and visual technology and must publicly disclose whether any individual over the age of 18 is present at the remote location with the member.
Health Orders
On August 24, 2021, due to a series of County health orders, the City Council directed staff to expand weekly testing to any unvaccinated employees (in addition to public safety, under Health Order C19-26). Additionally, unvaccinated employees are required to wear facemasks indoors.
These policies continue to be in effect today.
In 2020 CalOSHA adopted Emergency Temporary Standards (ETS) for the workplace to control the spread of COVID. The ETS requires all employers to adhere to certain protocols for communication/employee safety/testing/isolation. As COVID risks changed, the ETS was revised numerous times. Notably, on May 3, 2022, CalOSHA updated the ETS to remove the requirement that unvaccinated persons needed to wear face coverings indoors, except in certain high-risk environments. Unless extended again, the ETS will expire on December 31, 2022.
On September 17, 2022, the County Health Department, in alignment with the State Department of Public Health, dropped weekly testing and masking requirements in most settings. Today, only medical, skilled nursing and similar high-risk settings with vulnerable populations still require face masks and vaccination/booster requirements for employees (see attached table). The County Health Department still recommends masking in indoor settings.
Out of the legislative session that recently ended, Governor Newsom signed AB 152, which extended the supplemental COVID sick leave benefits to December 31, 2022 (originally scheduled to expire on September 30, 2022).
Analysis/Discussion
City Council Meetings
Below is a summary of the format of cities in Sonoma County, as of September 30, 2022:
City Council Public Participation
City/Town In-person Virtual In-person Virtual
Cloverdale X Allowed X X
Cotati X X
Healdsburg X Allowed X X
Petaluma X X X
Rohnert Park X X
Petaluma X X X
Santa Rosa X Allowed X X
Sebastopol X X
Sonoma X X X
Windsor X Allowed X
At this time, the majority of the cities are holding in person Council meetings, with some also keeping the virtual option available. Except for Rohnert Park, all allow for virtual or in-person public participation. Rohnert Park only allows in-person participation. Sebastopol remains fully virtual because they hold their City Council meetings in a recreation center that has been regularly rented by private parties through COVID. In Petaluma only the City Council meetings allow for hybrid public participation. All other commission and committee meetings are fully virtual due to technology limitations.
If desired by the City Council, the City Council Chambers could be ready in November to host hybrid meetings. The City has had the technology ready for several years, but will need to modify some furniture to meet current accessibility standards. In any case, with the provisions of AB 2449 taking effect on January 1, 2023, it appears that a quorum will be required to be inperson no later than the first January meeting.
In-person options can include the full city council in-person, or just some city council members in person. Public participation can remain fully virtual, both in-person or virtual, or only in- person.
Staff recommends that public participation be both in-person or virtual with at least a quorum of City Council members in-person with the virtual option available, as permitted under the Brown Act.
Health Orders
Given the current state of the ETS and the various health orders and guidelines, it is recommended that the City update its employee policies to align with current health guidance moving forward.
This would result in ceasing weekly testing and indoor mask requirements for unvaccinated employees but would still require disclosure of vaccination status by all employees.
Financial Considerations
The proposed change to COVID measures will reduce City expenditures by removing the weekly testing requirement.
Environmental Issues
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
Attachments:
Updates to State Public Health Orders (DOCX)
AB 2449 Summary (PDF)