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RESOLUTION NO. XX-2022
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
ADOPTING THE AB 361 FINDINGS NECESSARY TO CONTINUE VIRTUAL
PUBLIC MEETINGS FOR THE CITY COUNCIL AND CITY ADVISORY BODIES DURING THE COVID-19 STATE OF EMERGENCY
WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services Secretary declared a public health emergency for the novel disease named “coronavirus disease 2019” or “COVID-19" by the World Health Organization; and WHEREAS, the Centers for Disease Control and Prevention ("CDC”) has stated that COVID-19 is a serious public health threat based on current information; and WHEREAS, on March 3, 2020, the San Mateo County Health Officer declared a local health emergency throughout San Mateo County and the County Manager, serving as the County Director of Emergency Services, proclaimed a local emergency throughout San Mateo County related to the novel coronavirus and on March 10, 2020, the San Mateo County Board of Supervisors ratified and extended the declaration and proclamation and this state of emergency remains in effect; and WHEREAS, on March 4, 2020, the Governor of California declared a State of Emergency due to the outbreak and spread of COVID-19, and the State of Emergency is still in effect; and WHEREAS, on March 17, 2020, the East Palo Alto City Council (“City Council”) proclaimed a local emergency due to COVID-19 and the local emergency is still in effect; and WHEREAS, in March 2020, the Governor’s Executive Order N-29-20 suspended Brown Act requirements related to teleconferencing during the COVID-19 pandemic provided that notice, accessibility, and other requirements were met, and the public was allowed to observe and address the legislative body at the meeting, and subsequently adopted Executive Order N-08-21 extending the previous order until September 30, 2021; and
WHEREAS, since March 2020, the City Council and the City’s boards, commissions, and committees (“City Advisory Bodies”) have conducted their meetings virtually, as authorized by the Executive Order; and
WHEREAS, on September 16, 2021, the Governor signed into law AB 361 to allow the continued use of virtual public meetings during a declared state of emergency without conforming to the Brown Act teleconferencing rules during a declared state of emergency if: (i) State or local officials have imposed or recommended measures to promote social distancing; (ii) the legislative body is meeting to determine whether, as a result of the emergency, meeting in person presents imminent risks to the health or safety of attendees; or (iii) the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; and WHEREAS, since October 2021, the City Council has adopted resolutions, on a monthly basis, making the required AB 361 findings to continue virtual public meetings for the City Council and City Advisory Bodies; and
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WHEREAS, in the last few months, the Delta variant has surged in the United States and become the predominant COVID-19 variant, accounting for higher hospitalization rates; and WHEREAS, the CDC reports that the Delta variant is highly contagious, more than twice as contagious as previous variants, spreads faster than previous forms, and might cause more severe illness than previous variants in unvaccinated people; and WHEREAS, on November 24, 2021, South Africa reported the identification of a new SARSCoV-2 variant, B.1.1.529 to the World Health Organization (“WHO”); and WHEREAS, on November 26, 2021, the Technical Advisory Group on SARS-CoV-2 Virus Evolution (“TAG-VE”) convened to assess B.1.1.529, and TAG-VE advised WHO that this variant should be designated as a Variant of Concern (“VOC”), and WHO designated B.1.1.529 as a VOC named “Omicron”; and
WHEREAS, on December 1, 2021, the first case attributed to the Omicron variant was reported in the United States and additional cases have been detected; and WHEREAS, the CDC reports that the Omicron variant is likely to have increased transmission compared to the original SARS-CoV-2 virus; and
WHEREAS, due to uncertainty and concerns about the Delta and Omicron variants and current conditions, many workplaces, including the City of East Palo Alto, have pushed back the return to regular in-person operations; and
WHEREAS, given the heightened risks of these variants of COVID-19 in the community, holding indoor meetings with all members of the City Council, staff, and the public in attendance would pose an unnecessary and immediate health and safety risk to the attendees.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:
1. Adopts the recitals set forth herein as findings of fact;
2. Incorporates by this reference prior City Council resolutions making the AB 361 findings necessary to continue virtual public meetings for the City Council and City Advisory Bodies during the COVID-19 State of Emergency;
3. Determines that, after having reconsidered the circumstances of the state of emergency, finds that the emergency continues to directly impact the ability of members to safely meet in person; and
4. Suspends the Brown Act teleconferencing rules in accordance with AB 361, and based on the findings and determinations herein, thereby authorizing the use of virtual meetings of the City Council and City Advisory Bodies, during the month of February 2022.
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PASSED AND ADOPTED this 18th day of January 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Rafael E. Alvarado Jr., City Attorney