CITY COUNCIL
CLOSED SESSION MEETING AGENDA
Wednesday, November 2, 2022, 5:00 P.M.
Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).
CHAMBER CAPACITY SEATING IS LIMITED AND PROVIDED ON A FIRST COME, FIRST SERVED BASIS.
THE VIRTUAL MEETING IS COMPLIANT WITH THE GOVERNOR’S EXECUTIVE ORDERS ALLOWING FOR A DEVIATION OF TELECONFERENCE RULES REQUIRED BY THE BROWN ACT.
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AGENDA
CALL TO ORDER
A. Remote Teleconference - AB 361 Action required by 11/2/2022 Reference: Sandra Kandell, City Clerk
Recommended Action: Ratify Resolution No. 21-029 Emergency Teleconferencing authorizing remote teleconference meetings of all City legislative bodies for the following 30 days in accord with the Ralph M. Brown Act.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
APPROVAL OF AGENDA
CLOSED SESSION
CLOSED SESSION
PUBLIC COMMENT ON CLOSED SESSION MATTERS
Comments from the public will not receive Council action. Comments must deal with matters on the Closed Session agenda and will be limited to three minutes
A. Public Employment, (Government Code § 54957)
Title: City Manager Performance Evaluation
B. Conference with Legal Counsel – Pending Litigation (Government Code § 54956.9) William Hobbs, Susan Hobbs, Donald Shirkey, and Irma Shirkey v. The City of Pacific Grove, Bill Kampe, Robert Huitt, Ken Cuneo, Rudy Fischer, Cynthia Garfield, Bill Peake, and Nick Smith.
Monterey County Superior Court Case No. 18CV002411
ADJOURNMENT
Agenda No. A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Sandra Kandell, City Clerk
MEETING DATE: November 2, 2022
SUBJECT: Remote Teleconference - AB 361 Action required by 11/2/2022 CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Ratify Resolution No. 21-029 Emergency Teleconferencing authorizing remote teleconference meetings of all City legislative bodies for the following 30 days in accord with the Ralph M. Brown Act.
DISCUSSION
Governor Newsom signed AB 361 into law on September 16, 2021 to become effective on October 1, 2021. AB 361 extends the provisions of the Governor’s Executive Order N-29-20 and Executive Order N-35-20 and is effective until January 1, 2024. AB 361 amends sections of the Brown Act to allow legislative bodies to continue to hold teleconference meetings during a state of emergency if the legislative body finds that as a result of the proclaimed state of emergency, meeting in person would present imminent risks to the health or safety of attendees.
Assembly Bill 361 requires the City within 30 days of holding a virtual meeting for the first time, and every 30 days thereafter, to make findings ratifying the state of emergency.
The exact language of the Bill is as follows:
If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
At its October 6, 2021 meeting, Council approved Resolution No. 21-029 Proclaiming a Local Emergency, Ratifying the State of Emergency Proclaimed on March 4, 2020, and Authorizing Remote Teleconference Meetings of All City Legislative Bodies for the Following 30 days in Accord wth the Ralph M. Brown Act.
Resolution No. 21-029 has effect for only 30 days. The Council has ratified that resolution each month since and must now renew the effect of the resolution by ratifying it again or adopting another.
This item will be added to the Council's first meeting of the month as the first item of business.
OPTIONS
Take no action and resume in person meetings.
FINANCIAL IMPACT:
There is no fiscal impact.
GOAL ALIGNMENT: Transparency, Accountability and Communication: Implement programs, processes, revisions, and training to improve and advance the City's efforts.
Attachments
Reso 21-029