STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 26, 2022
TO: Members of the City Council
SUBMITTED BY: Dante Hall, City Manager
SUBJECT: Emergency Declaration Extension
RECOMMENDED ACTION: Adopt a Resolution extending the Declaration of Local Emergency by 30 days to June 1, 2022.
FISCAL IMPACT OF RECOMMENDATION: None as a result of this action, though the City’s response to the coronavirus or COVID-19 pandemic is resulting in increased costs and reductions in revenues.
EXECUTIVE SUMMARY: AB361, signed by Governor Newsom on September 16, 2021, provides that if a local state of emergency remains active for more than 30 days, a local agency must every 30 days by majority vote find that the state of emergency continues to directly impact the ability of members to meet safely in person, or that State or local officials continue to impose or recommend social distancing measures.
DISCUSSION: On March 20, 2020, the City Council ratified the City Manager’s Declaration of a Local Emergency in response to the COVID-19/Coronavirus pandemic. The City Council received an updated report on April 14, 2020. Contra Costa County extended the Shelter in Place/Stay Home Health Order on June 17, 2020, which will continue to be in effect until it is extended, rescinded, superseded, or amended in writing by the Health Officer.
The City Council has extended the emergency declaration on:
May 12, 2020
June 23, 2020
September 8, 2020
November 10, 2020
December 8, 2020
February 23, 2021
April 27, 2021
July 13, 2021
August 10, 2021
December 2, 2021
December 14, 2021
January 25, 2022
February 22, 2022
March 22, 2022
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.
Governor Newsom signed Executive Order N-15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior Executive Orders and on September 16, 2021, signed AB361 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 previous Executive Brown Act Orders.
This bill which will sunset on January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing during a proclaimed state of emergency.
As the Delta and Omicron variant has surged in California, the legislature has taken action to extend the COVID-19 exceptions to the Brown Acts’s teleconference requirements, subject to some additional safeguards. AB361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:
The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
The legislative body 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 legislative body 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.
AB361 also provides that, 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 legislative body 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.
The goal of AB361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing boarder access through teleconferencing options” consistent with Executive Order N-29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024.
As such, it is recommended that the City Council adopt the attached Resolution extending the Declaration of Local Emergency for another 30 days to May 1, 2022. It is anticipated that the City Council’s next review of the Declaration of Local Emergency will take place at the regular meeting of May 24, 2022. Should the need for a Declaration of Local Emergency end, the City Council could consider terminating the Declaration at an earlier date.
ATTACHMENTS:
Resolution extending Declaration of Local Emergency to June 1, 2022.
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