City of Gonzales
CITY MANAGER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: January 18, 2022
FROM: Rene Mendez, City Manager
SUBJECT: A Resolution of the City Council of the City of Gonzales Authorizing the Use of Remote Teleconferenced Meetings of the City Council Pursuant to Assembly Bill 361
RECOMMENDATION
It is recommended that the City Council consider and adopt Resolution No. 2022-08, A Resolution of the City Council of the City of Gonzales Authorizing the Use of Remote Teleconferenced Meetings of the City Council Pursuant to Assembly Bill 361.
BACKGROUND
On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple State agencies and departments, and help the State prepare for a broader spread of COVID-19.
On March 17, 2020, the Governor issued Executive Order N-29-20 which authorized meetings of local legislative bodies to be held by teleconference as long as specified notice and comment provisions were followed. Meeting remotely and/or hybrid remote and in-person meetings allowed the City to ensure the continued access to meetings by the Council, Staff and the public while also ensuring everyone’s safety.
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021 for agencies to transition back to public meetings held in full compliance with the Brown Act. However, the Delta Variant, and the even more contagious Omicron Variant emerged, causing a spike in cases throughout the State. As a result, a variety of actions have been taken and orders issued to protect public health, including the Monterey County Board of Supervisor’s indoor mask wearing ordinance adopted on September 28, 2021. More recently, The California Department of Public Health issued an order that masks be worn in all indoor public settings in the State, irrespective of vaccine status, through January 15, 2022.
AGENDA
ITEM
21 REVIEW AND ANALYSIS
In response to the foregoing concerns, the California Legislature recently approved AB 361, which was signed as an urgency statute by the Governor on September 16, 2021 and is effective immediately. This law allows local legislative bodies to continue to meet remotely after the October 1 deadline under specified circumstances. A local agency will be allowed to continue to meet remotely when:
•
1The Board holds a meeting during a proclaimed state of emergency, and State or local officials have imposed or recommended measures to promote social distancing. • The Board holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. • The Board holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
To meet remotely, agencies must make certain findings demonstrating the requirements to continue to hold remote meetings apply. Staff is recommending that Resolution No. 2022-08 be adopted as these findings can be made. Specifically, the City meets the requirements to continue holding meetings remotely in order to ensure the health and safety of the public because:
• The City and County are still under a state of emergency as declared by the Governor. • The Monterey County Board of Supervisors has adopted an ordinance that requires all individuals in indoor public spaces wear masks, regardless of vaccination status. • The California Department of Public Health has mandated that masks be worn in all indoor public settings in the state through January 15, 2022. Health officers have also issued other health orders, recommendations and updates designed to slow the spread of COVID-19. • The City is concerned about protecting the health and safety of meeting attendees, particularly given that even fully vaccinated people have contracted the Delta and Omicron Variants, people may have and transmit the virus before knowing they are infected and/or if they are asymptomatic, and meetings of the City Council can last several hours.
Under AB 361, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules:
• The Board has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.
For these reasons, Staff anticipates that if the current COVID-19 surge continues, the City Council may be asked to approve a resolution every month making findings regarding the circumstances of the emergency and vote to continue using the law’s exemptions. AB 361 sunsets on January 1, 2024. It is important to note that holding meetings remotely does not compromise the level of transparency or engagement that the Brown Act was designed to ensure. Studies have shown that remote meetings maintain and, in many instances, enhance the transparency and accessibility of public agency meetings.
Explain Recommendation and How it Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm. 1 The Board, in our case means the City Council.
Explain: The proposed action will allow the City Council to continue to function and interact with staff and the public in a safe and effective manner.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.
Explain: N/A.
City services will be delivered in a cost-effective, respectful, and friendly manner to ensure the safety and wellbeing of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.
Explain: N/A.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing Yes No X N/A
• Recreation Yes No X N/A
• Environment Yes No X N/A
• Education Yes No X N/A
Explain: See above.
ALTERNATIVES
Your Council has the following options:
1. Request modifications to the proposed resolution; or
2. Not move forward with the adoption of the proposed resolution, which is not recommended because the lack of remote teleconferencing capabilities might disrupt future meeting proceedings.
BUDGET IMPACT
Adoption of the proposed resolution should have no impact on finances.
CONCLUSION
It is recommended that the City Council consider and adopt Resolution No. 2022-08, A Resolution of the City Council of the City of Gonzales Authorizing the Use of Remote Teleconferenced Meetings of the City Council Pursuant to Assembly Bill 361.
Attachments:
1. Resol 22-08