CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
1/10/2022
1 SUBJECT:
Consideration of a Resolution Making Findings as Required by AB 361 to Continue to Permit the City Council and the City’s Committees and Commissions to Conduct Teleconferenced Meetings Due to Health and Safety Concerns Relating to COVID-19 RECOMMENDED ACTION:
Move to adopt a Resolution making findings pursuant to AB 361 to authorize the City Council and the City’s Committees and Commissions to continue to conduct teleconferenced meetings due to health and safety concerns relating to COVID-19.
STAFF CONTACT:
Kevin Woodhouse, City Manager
650-738-7409
[email protected]
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:
On March 4, 2020 Governor Gavin 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 broader spread of COVID-19. On March 16, 2020, the City Manager, acting in his capacity as Director of Emergency Services, proclaimed the existence of a local emergency pursuant to PMC 4-2.05(a) and executed the "Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19")" ("Proclamation"). On March 18, 2020, the City Council of the City of Pacifica adopted Resolution No. 18-2020 to ratify the Proclamation of local emergency due to COVID-19 and continues to affirm the existence of the local emergency.
Beginning with the Special City Council Meeting held on March 18, 2020 for the purpose of adopting Resolution No. 18-2020 ratifying the City Manager’s Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus (“COVID-19”), all City Council, Committee and Commission meetings have been held via videoconference using a Zoom Meeting or Zoom Webinar platform with no physical meeting location open to the public. The Governor’s Executive Orders N-25-20 and N-29-20 suspended certain requirements of the Brown Act to allow for public meetings to be held via teleconferenced meetings, either via audio or video or both, for all members of the body to participate from remote locations with no physical meeting location open to the public. The City of Pacifica has been holding public meetings of the City Council and City Committees and Commissions fully virtually via Zoom with Pacifica City Council 2
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no physical location open to the public since March 18, 2020 due to the COVID-19 pandemic as provided for under Governor’s Executive Orders suspending certain provisions of the Brown Act to allow for the virtual meeting format. Some Committee and Commission meetings had been initially suspended in the early months of the pandemic, but most have resumed meeting regularly via Zoom. The usage of Zoom to conduct public meetings remotely via teleconference has allowed the City to ensure the public’s continued access to meetings while also ensuring the public’s safety.
The Governor’s Executive Order N-08-21 on June 11, 2021 provided local jurisdictions a basis upon which to continue conducting public meetings via videoconference without a physical location open to the public under the relaxed provisions of the Brown Act until September 30, 2021.
On August 2, 2021, the Health Officer of the County of San Mateo issued Order No. C19-12 mandating the wearing of face coverings when indoors in workplaces and public settings, with limited exceptions. This Order was issued due to evidence of the SARS-CoV-2 B.1.617.2 (Delta) variant circulating in San Mateo County. This variant is highly transmissible in indoor settings. San Mateo County Health Order No. C19-12 was ordered effective at 12:01 am on August 3, 2021 and will continue to be in effect until extended, rescinded, superseded, or amended in writing by the Health Officer.
Assembly Bill 361 (AB 361) was signed by the Governor on September 16, 2021 and went into effect immediately upon signature as urgency legislation (codified under Government Code § 54953). AB 361 amends the Brown Act to provide additional provisions that allow meetings of legislative bodies to be conducted via teleconference. Its provisions allow a local agency legislative body to meet without complying with the standard teleconferencing requirements of the Brown Act if the Governor has proclaimed a State of Emergency and any of the following occurs:
1) State or local officials have imposed or recommended measures to promote social distancing,
2) the meeting is being held for the purposes of determining, by a majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees;
3) the legislative body has determined that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
In addition, AB 361 adds new procedures and clarifies the requirements for conducting remote meetings, including the following:
• Public Comment Opportunities in Real Time - a legislative body that meets remotely pursuant to AB 361 must allow members of the public to access the meeting via a call-in option or an internet-based service option, and the agenda for the remote meeting must provide an opportunity for members of the public to directly address the body in real time. A legislative body cannot require public comments to be submitted in advance of the meeting. • No Action During Disruptions - in the event of a disruption that prevents the local agency from broadcasting the remote meeting, or in the event of a disruption within the local agency’s Pacifica City Council 3
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control that prevents members of the public from offering public comments using the call-in option or internet-based service option, AB 361 prohibits the legislative body from taking any further action on items appearing on the meeting agenda until public access is restored. • Periodic Findings - Government Code § 54953(e)(B) requires the legislative body to hold 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 risk to the health or safety of attendees.
AB 361 will sunset on January 1, 2024.
DISCUSSION:
At the regular meeting of the City Council held on October 11, 2021, the City Council adopted Resolution No. 63-2021 making findings as required by AB 361 to permit the City Council and City Committees and Commissions to conduct teleconferenced meetings due to the health and safety concerns relating to COVID-19. The resolution also directed staff to agendize for Council consideration no less than every 30 days the need to continue to utilize teleconferenced meetings pursuant to AB 361. The City Council subsequently adopted Resolution No. 69-2021 on November 8, 2021 and Resolution No. 80-2021 on December 13, 2021 re-affirming the findings required by AB 361 to continue to conduct teleconferenced public meetings due to COVID-19 risk.
Since the adoption of Resolution No. 80-2021 at the City Council meeting held on December 13, 2021, the COVID-19 Omicron variant has continued to present a health and safety risk to the public. Scientists and medical professionals are still learning about the Omicron variant.
However, it is now clear that the Omicron variant spreads rapidly even amongst some vaccinated individuals. On December 30, 2021, the California Department of Public Health issued Guidance for Local Health Jurisdictions on Isolation and Quarantine of the General Public in alignment with recommendations from the Centers for Disease Control and Prevention (CDC).
At this time, the City is still not able to ensure that social distancing requirements can be maintained by Councilmembers, Commissioners, Committee members and members of the public in Council Chambers or at other locations where City Committees and Commissions regularly meet while COVID-19 and variants remain a risk to public health. With the County mask mandate still in effect, this may present challenges to the public’s ability to clearly hear proceedings of meetings while speakers are wearing masks in meetings if conducted in-person.
The enclosed Resolution makes the required findings under AB 361, and if adopted, it will allow the City to continue to offer teleconference accessibility for public meetings, to help mitigate the spread of COVID-19, as well as during other state-proclaimed emergencies, such as earthquakes or wildfires, where physical attendance may present a risk. Staff recommends that the City Council adopt the attached Resolution to re-affirm the findings required by AB 361.
The resolution also directs staff to agendize for Council consideration no less than every 30 Pacifica City Council 4
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days the need to continue to utilize teleconferenced meetings pursuant to AB 361.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
“An Engaged Community” - includes taking actions to restore trust in city government, expanding communication, and building community.
“Maintaining a Safe Community” - includes support our first responders (police, fire, public works), responding to emergencies, protecting people, property, businesses, and our infrastructure (streets, sidewalks, storm and waste water), and engaging in emergency preparedness and prevention activities.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
ORIGINATED BY:
City Clerk
ATTACHMENT LIST:
Attachment A: Full text of AB 361 (PDF)
Attachment B: Resolution No. 18-2020 - Ratifying Local Emergency Due to COVID-19 (PDF) Pacifica City Council 5
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RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA MAKING FINDINGS AS REQUIRED BY AB 361 TO PERMIT THE CITY COUNCIL AND CITY
COMMITTEES AND COMMISSIONS TO CONDUCT TELECONFERENCED MEETINGS DUE TO THE HEALTH AND SAFETY CONCERNS RELATING TO COVID-19 WHEREAS, on March 4, 2020, as part of the State of California’s response to address the global COVID-19 outbreak, Governor Gavin 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 broader spread of COVID-19; and
WHEREAS, on March 16, 2020, at 12:11 p.m., the City Manager, in his capacity as Director of Emergency Services, proclaimed the existence of local emergency in the City of Pacifica, after determining that the rapidly widespread of COVID-19 is likely to create conditions of disaster or extreme peril which will be beyond the services, personnel and equipment and facilities of the City and executed the “Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19”)” (“Proclamation”); and WHEREAS, on March 18, 2020, the City Council of the City of Pacifica adopted Resolution No. 18-2020 ratifying the “Proclamation of the Existence of a Local Emergency Regarding Novel (new) Coronavirus ("COVID-19”)”, which continues to remain in place; and WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and
WHEREAS, on August 2, 2021, the Health Officer of the County of San Mateo issued Order No. C19-12 mandating the wearing of face coverings when indoors in workplaces and public settings, with limited exceptions due to the COVID-19 Delta variant circulating in San Mateo County and evidence of the Delta variant being highly transmissible in indoor settings; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and
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WHEREAS, the City of Pacifica has been conducting public meetings of City Council and City Committees and Commissions via teleconference since March 18, 2020 under the modified provisions of the Brown Act as allowed for by Governor’s Orders N-29-20, N-08-21 and/or N-15-21 in effect at the time; and
WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to ensure members of the public are able to attend and participate in public meetings conducted via teleconference, including:
• Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option;
• The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; • Prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time;
• Prohibits the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-G); and WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body shall hold 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 and safety of attendees. The City Council must make these findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also make these findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducing public meetings; and
WHEREAS, on August 2, 2021, the Health Officer of the County of San Mateo issued Order No. C19-12 mandating the wearing of face coverings when indoors in workplaces and public settings, with limited exceptions. This Order was issued due to evidence of the SARS-CoV-2 B.1.617.2 (Delta) variant circulating in San Mateo County.
This variant is highly transmissible in indoor settings. San Mateo County Health Order No.
C19-12 was ordered effective at 12:01 am on August 3, 2021 and will continue to be in effect until extended, rescinded, superseded, or amended in writing by the Health Officer; and
WHEREAS, on October 11, 2021, November 8, 2021, and December 13, 2021, the Pacifica City Council 7
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City Council of the City of Pacifica adopted Resolution Nos. 63-2021, 69-2021, and 803- 2021, respectively, making findings as required by AB 361 to permit the City Council and City Commitees and Commissions to conduct teleconferenced meetings to due to public health and safety concerns related to COVID-19; and
WHEREAS, the COVID-19 Omicron variant has been observed by scientists and medical professionals to spread rapidly even amongst some vaccinated individuals and continues to present a health and safety risk to the general public; and WHEREAS, the City cannot ensure that social distancing requirements can be maintained by Councilmembers, Commissioners, Committee members and members of the public in Council Chambers or at other locations where City Committees and Commissions regularly meet for the duration of meetings while the COVID-19 Delta and Omicron variants remain a risk to public health.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica, California, as follows:
SECTION 1. The City Council hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council.
SECTION 2. The City Council hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, City Commissions and Committees, City staff and consultants to meet safely in person.
SECTION 3. The State of California and the City of Pacifica continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of San Mateo, as applicable, including facial coverings when required. Based upon that guidance, in person attendance indoors at public meetings continues to present a health risk for certain segments of the population, necessitating teleconferencing to allow for meaningful public participation options for all Pacifica constituents.
SECTION 4. The City Council hereby declares that, pursuant to the findings listed in this Resolution, the City Council and the City Council appointed Committees and Commissions are authorized to utilize teleconferencing to conduct public meetings pursuant to AB 361 and Government Code § 54953, as amended thereby.
SECTION 5. The City Council determines that, every 30 days, it will reconsider the circumstances of the emergency and review whether it continues to directly impact the ability of the Council and appointed Committees and Commissions members to meet safely in person.
SECTION 6. Severability: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Pacifica City Council 8
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Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.
SECTION 7. Effective Date: This Resolution shall become effective immediately upon adoption.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 10th day of January, 2022, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
Mary Bier, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney