TOWN OF HILLSBOROUGH
San Mateo County
Alvin L. Royse, Mayor 1600 Floribunda Avenue
Christine Krolik, Vice Mayor Hillsborough, CA 94010
Marie Chuang, Councilmember www.hillsborough.net
Sophie Cole, Councilmember Phone 650-375-7400
Laurence M. May, Councilmember
A G E N D A
THURSDAY, OCTOBER 27, 2022
8:30 AM
SPECIAL CITY COUNCIL MEETING
Zoom Video Conference
This City Council meeting will be conducted pursuant to the provisions of Assembly Bill 361 and Government Code Section 54953(e) (and without compliance with section 54953(b)(3)) related to conducting public meetings during the COVID-19 pandemic. The Council Chambers will not be open to the public for this special meeting.
To participate in the meeting:
• Log in to the meeting at https://us06web.zoom.us/j/83964900665?pwd=dDF0MkhrUDUycmJ6Nk9XdXB1NXFiUT09 • Dial-in via phone:
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Meeting ID: 839 6490 0665
Passcode: 503294
I. CALL TO ORDER
II. ROLL CALL
III. CONSENT CALENDAR
The Consent Calendar includes a routine item which does not require discussion. A Councilmember may remove the item for discussion, and any member of the public may request a Councilmember to remove an item for discussion. The item is approved in one motion.
1. RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 PURSUANT TO ASSEMBLY BILL 361
IV. PUBLIC COMMENT ON CLOSED SESSION ITEM
Members of the public may provide public comments on the item on the Closed Session agenda. Members of the public may use the “raise hand” feature in Zoom or, if calling in by phone, press *9 on the telephone keypad. Speakers are limited to one comment.
V. ANNOUNCEMENT OF CONFLICT OF INTEREST
Agenda – Hillsborough Special City Council Meeting – Closed Session Thursday, October 27, 2022
This portion of the agenda is for Councilmembers to disclose any conflict of interest related to the item on the Closed Session agenda. Any Councilmember who has confirmed a conflict of interest or has reason to believe they have a conflict of interest should disclose the conflict for the record and abide by the disqualification requirements contained in FPPC regulations.
VI. PUBLIC ANNOUNCEMENT OF CLOSED SESSION ITEM
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Michael Armstrong, Julie Deery v. Hillsborough Police Department, San Mateo and San Mateo County Coroner’s Office, Does 1-100
San Mateo County Superior Court, Case No. 22-CIV-02769
VII. ADJOURN TO CLOSED SESSION
VIII. RECONVENE OPEN MEETING
IX. CLOSED SESSION REPORT
X. ADJOURNMENT
SPECIAL ACCOMMODATIONS:
If you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in the City Council meeting, or if you need an agenda in an alternate form, please contact the City Clerk’s Office at 375-7412 at least 24 hours before the scheduled City Council meeting.
AUDIO OR VIDEO RECORDINGS:
Please be advised that under the Brown Act, any person has the right to record the City Council meeting, including the audience in attendance, using an audio or video recording device subject to certain exceptions. Please be aware that by attending a City Council meeting, you may be audio or video recorded.
TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
1 CONSENT CALENDAR
CITY COUNCIL MEETING
OCTOBER 27, 2022
AGENDA STAFF REPORT
ITEM SUBJECT: RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 PURSUANT TO ASSEMBLY BILL 361
SUMMARY: On March 17, 2020, in the face of the COVID-19 pandemic, Governor Gavin Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings completely telephonically or by other electronic means.
The provisions in the Brown Act that were suspended by the Governor’s Executive Order are contained at Government Code Section 54953(b)(3) and require that when teleconferencing is used, outside of a statewide emergency, that the following occur:
• An agenda is required to be posted at all locations, including any teleconference locations • Each teleconference location must be identified on the actual agenda • Each teleconference location shall be accessible to the public • A quorum of the legislative body must be in the jurisdiction With the Governor’s Executive Order, the four above requirements were suspended allowing Councilmembers to not have to post an agenda at their teleconference location, not have to identify their location on the meeting agenda, not have to ensure public accessibility at the teleconference location, and the legislative body did not need a quorum in the jurisdiction. This has allowed the City Council, Administrative Hearing Panel, Architecture and Design Review Board, Citizens Communication Advisory Committee and Financial Advisory Committee meetings to be conducted by Zoom with Councilmembers, board/committee members and staff joining from remote virtual locations.
The suspension of certain provisions of the Brown Act was further extended by the Governor on June 11, 2021 by the issuance of Executive Order N-08-21 which continued to allow for complete virtual meetings until September 30, 2021.
With the expiration of the Governor’s Executive Order along with the uncertainty that surrounded the Governor’s potential recall, the State Legislature also took the remote meeting issue into its own hands through the adoption of Assembly Bill 361, which is explained in more depth in the Analysis section below.
On October 11, 2021, the City Council adopted Resolution No. 21-87, making findings that state or local officials continue to recommend social distancing measures to prevent the spread of COVID19 and including reference in particular to Cal-OSHA regulation 3205 which recommends physical Agenda Staff Report - Hillsborough City Council
October 27, 2022
distancing in the workplace. The adoption of this resolution was consistent with enacted Assembly Bill (AB) 361.
The City Council reconfirmed the findings of Resolution No. 21-87 on November 8, 2021, November 22, 2021, December 13, 2021, January 10, 2022, February 14, 2022, March 14, 2022, April 11, 2022, May 9, 2022, June 13, 2022, July 11, 2022, August 8, 2022, August 25, 2022, September 12, 2022 and October 10, 2022 as required by AB 361.
On March 14, 2022, the City Council also provided direction to staff on a planned hybrid meeting approach beginning with the April 11, 2022 City Council meeting.
ANALYSIS
On September 16, 2021, the Governor signed AB 361, which allows legislative bodies to meet virtually provided there is a state of emergency declared by the Governor, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees.
At this time, staff is recommending a reconfirmation of the findings contained in Resolution No. 21- 87 to ensure that there is no gap in the ability of the City Council, boards and committees to attend virtually as necessary.
FISCAL IMPACT: The City Council’s approval of a motion to continue with virtual meetings will maintain the status quo and no financial impact is anticipated by approval of the motion. The move to hybrid meetings required additional technical equipment which has been purchased and installed.
ENVIRONMENTAL ISSUES: The City Council’s reconfirmation of the findings is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b)(5) as it constitutes an organizational or administrative activity of the government that will not result in direct or indirect physical changes in the environment.
ATTACHMENTS: Resolution No. 21-87
PREPARED BY: Christopher J. Diaz, City Attorney
RECOMMENDATION: Approve a motion to reconfirm the findings and determinations made in Resolution No. 21-87 pursuant to Assembly Bill 361, with acknowledgment that the California Department of Public Health has updated the definition of “close contact” in Regulation 3205 from being within six feet of another person to sharing the same indoor space with another person for 15 minutes or more, which further supports the findings.
RESOLUTION NO. 21-87
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH MAKING FINDINGS AND DETERMINATIONS UNDER AB 361 FOR
THE CONTINUATION OF VIRTUAL MEETINGS FOR ALL LEGISLATIVE BODIES WHEREAS, the Ralph M. Brown Act (Gov. Code§ 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means, to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and
WHEREAS, the Legislature recently enacted Assembly Bill 361 (AB 361 ), which amended Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and
WHEREAS, the City Council of the Town of Hillsborough has considered the circumstances of the state of emergency; and
WHEREAS, state or local officials continue to recommend measures to promote social distancing to prevent the spread of COVID-19, in particular, Cal-OSHA regulation 3205 recommends physical distancing in the workplace generally and regulates a "close contact" defined as being within 6 feet of another under certain circumstances; and
WHEREAS, in order to continue to impose social distancing while holding in-person meetings there is a high likelihood that members of the public would not all be able to be present in the meetings spaces; and
WHEREAS, the continuation of virtual meetings will allow for full participation by members of the public until social distancing recommendations are no longer necessary; and
WHEREAS, the City Council of the Town of Hillsborough desires that all Town legislative bodies continue to hold virtual meetings pursuant to AB 361 and Government Code section 54953(e).
NOW, THEREFORE BE IT RESOLVED that the City Council of the Town of Hillsborough hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City Council and all other legislative bodies of the Town of Hillsborough who are required to hold open and public meetings, shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3) based upon the findings and determinations hereby made by the City Council.
3. This resolution shall become effective upon adoption.
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 11th day of October 2021, by the following vote of the members thereof:
AYES: Councilmembers Royse, Kralik, Chuang, Cole
NOES: Councilmembers None
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ABSENT: Councilmembers Ma
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ABSTAIN: Councilmembers None
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