CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
3/13/2023
1 SUBJECT:
Termination of Proclamation of the Existence of Local Emergency Regarding Novel (new) Coronavirus ("COVID-19”).
RECOMMENDED ACTION:
(1) Adopt a Resolution Terminating the Proclamation of the Existence of Local Emergency Regarding Novel (new) Coronavirus (“COVID-19”); and
(2) Receive informational update on AB 2449 regarding remote (teleconference) participation in public meetings by members of the legislative body and update on utilizing AB 2449 for a member’s remote participation during public meetings.
STAFF CONTACT:
Kevin Woodhouse, City Manager
(650) 738-7409
[email protected]
Sarah Coffey, City Clerk
(650) 738-7307
[email protected]
BACKGROUND:
On January 30, 2020, the World Health Organization (“WHO”) declared the COVID-19 outbreak a public health emergency of international concern. On January 31, 2020, the U.S. Department of Health and Human Services declared a Public Health Emergency for the United States of America. The United States Centers for Disease Control and Prevention (“CDC”) determined the virus presented a serious public health threat, requiring coordination among state and local health departments to ensure readiness for potential health threats associated with the virus.
On March 3, 2020, both the Director of Emergency Services of the County of San Mateo and the San Mateo County Health Officer issued proclamations of local emergencies based on the imminent and proximate threat to public health from the introduction of COVID-19 in San Mateo County. The San Mateo County Board of Supervisors ratified both proclamations on March 10, 2020.
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 (Attachment A). The City’s Proclamation was sent to San Mateo County Offices of Emergency Services and the California Governor’s Office of Emergency Services (CalOES) and allowed the Pacifica City Council 2
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City to seek state and federal funds relating to the emergency.
Public Meetings During COVID-19 Emergency
The Brown Act has traditionally allowed members of the legislative body to participate in public meetings by teleconference, but only while strictly adhering to specific requirements, including listing the physical address of each teleconference location in the meeting agenda, posting the meeting notice and agenda at each teleconference location, and ensuring that each teleconference location is open and accessible to members of the public who may wish to participate and provide public comment from that location. Until March 2020, the traditional teleconference participation by a member of the City Council has been used at times, but infrequently, by the City of Pacifica.
Following the emergency declarations by the State, San Mateo County and City of Pacifica, the City of Pacifica and began holding public meetings of the City Council and City Committees and Commissions virtually by audio/video teleconferencing with no physical location open to the public by making use of the Zoom meeting platform. California Governor’s Executive Order N25-20 executed on March 12, 2020 and, subsequently Executive Order No. N-29-20 executed on March 17, 2020, suspended certain provisions of the Brown Act in order to authorize local legislative bodies to hold public meetings via teleconferencing without the physical presence of members of the body or noticing each teleconference location. Governor’s Executive Order N08-21 executed on June 11, 2021 withdrew and replaced Executive Order No. N-29-20, however, still allowing for waiving certain provisions of the Brown Act to allow for public meetings to be held via teleconference through September 30, 2021. On September 16, 2021, Governor Newsom signed Assembly Bill 361 (AB 361) allowing 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. Under AB 361, the legislative body is required to make specified findings every 30 days in order to continue to meet under the amended teleconference provisions. The City of Pacifica has adopted Resolutions making the necessary findings pursuant to AB 361 to permit conducting City Council and City Committee or Commission meetings via teleconference during the COVID-19 state of emergency.
The City Council resumed meeting in-person beginning with the regular meeting held on October 24, 2022, providing for alternative formats for members of the public to observe and participate in regular City Council and Planning Commission meetings via live broadcast by Pacific Coast Television on Comcast channel 26 and online Live Stream and a “phone-in” provision for live verbal public comments. The City indicates in the meeting agendas that the alternative formats susceptible to technology disruptions and/or delays and is not a guaranteed method of meeting participation. City staff also implemented this system during the March through May 2022 period of in-person meetings held by the City Council and Planning Commission. City Committee and Commission meetings have resumed in-person only meeting format since October 2022, as those meetings are not supported by Pacific Coast Television and most are held in meeting locations not in Council Chambers and not equipped with the technology needed to hold hybrid format meetings.
CURRENT ANALYSIS:
On February 28, 2023, California Governor Gavin Newsom executed a Proclamation terminating the State of Emergency due to COVID-19 as of 11:59 p.m. Similarly, the San Mateo County Board of Supervisors terminated the County’s State of Emergency due to COVID-19 effective February 28, 2023.
With the Recommended Action, the City of Pacifica now seeks to Terminate the Local Pacifica City Council 3
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Emergency due to COVID-19.
With the termination of the California State of Emergency, local agencies can no longer rely on the COVID-19 State of Emergency to meet under the provisions of AB 361. However, legislative bodies may still meet via teleconference by following the traditional Brown Act rules of identifying the teleconference site on the agency’s agenda and ensuring it is accessible for the public to attend.
On September 13, 2022, Governor Newsom signed into law Assembly Bill 2449 (AB 2449), which became effective on January 1, 2023. AB 2449 further amends the Brown Act regarding remote (teleconference) participation of legislative bodies by allowing provisions for individual members of the legislative body to participate in meetings via teleconference without a declared state of emergency, in limited circumstances, provided certain strict requirements are met.
Under AB 2449 provisions, fewer than a quorum of the members of a body can participate remotely, if a quorum meets in person from a publicly accessible physical location within the jurisdiction boundaries.
“Just Cause” and “Emergency Circumstances”
The remote member must have “just cause” or “emergency circumstances” as specifically defined in AB 2449, but generally means a physical or family medical emergency that prevents the members from attending in-person.
To participate remotely, the member must notify the legislative body at the earliest possible opportunity, including at the start of the meeting, of their need to participate remotely and provide a general description of the circumstances related to one of the four provisions for “just cause” or because of “emergency circumstances” as defined in AB 2449. A member may participate remotely due to just cause provisions up to two meetings per calendar year. To participate remotely under emergency circumstance provisions, the legislative body must take action to approve the request by majority vote. If the request does not allow sufficient time to place it on the agenda for the meeting for which the request is made, the legislative body may take action on the request at the beginning of the meeting by majority vote. The legislative body must request a general description of the circumstances relating to the member’s need to appear remotely. This description does not have to be more than 20 words and the member does not have to disclose any personal medical information. In practice, notification of the legislative body shall be made through the City Manager and City Clerk.
If members participate remotely under AB 2449, then the following rules apply:
1. The legislative body must provide a way for the public to remotely hear, visually observe, and remotely address the legislative body, either by a two-way audiovisual platform or a two-way telephonic service and a live webcasting of the meeting.
2. The legislative body must provide notice of how the public can access the meeting and offer comments.
3. The agenda must identify and include an opportunity for the public to attend and directly address the legislative body through a call-in option, an internet-based service option, and in-person at the location of the meeting.
4. The body cannot require comments to be submitted before the start of the meeting. The public must be allowed to make “real time” public comment.
5. If there is a disruption to the meeting broadcast or in the ability to take call-in or internetbased public comment, no further action can be taken on agenda items until the issue is resolved.
6. The legislative body must implement a procedure for receiving and resolving requests for reasonable accommodations for individuals with disabilities, and must give notice of Pacifica City Council 4
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these procedures.
7. Members participating remotely must participate through both audio and visual technology.
8. Members participating remotely must publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member and the general nature of the member’s relationship with the individual.
9. A member may not participate in meetings solely by teleconference under this law for more than three consecutive months or 20% of the regular meetings for the public agency within a calendar year. If the legislative body regularly meets less than 10 times a year, a member may not participate remotely for more than two meetings.
The limitations on remote participation listed above apply only to members of the legislative body. Staff, consultants and/or members of the public may still appear in meetings remotely if there is a desire to do so. Therefore, the City may continue to use its current hybrid meeting format for public participation.
Use of AB 2449 for City Council and Planning Commission Meetings The current hybrid meeting format for City Council and Planning Commission meetings making use of the Pacific Coast Television broadcast and live stream together with Microsoft Teams platform for call-in verbal participation would not meet the audio/visual participation requirements under AB 2449. City staff are working with Pacific Coast Television to transition the hybrid meeting format to use the Zoom platform in order to enable remote participating members of the body to participate with both audio and visual components. Staff anticipates readiness to transition to use of the Zoom platform for a hybrid meeting format to replace the Microsoft Teams call-in option and continuing the use of the Pacific Coast Television broadcast and live stream as soon as the March 27, 2023 City Council meeting. Currently, the agenda provides that the television broadcast, live stream and call-in comment options are alternative platforms for observing and participating in meetings, subject to underlying technology functionality and may be modified or interrupted at any time without notice. However, in the above requirements under AB 2449, it should be noted that if a member of the body is participating remotely and there is a disruption to the meeting broadcast or the ability to take call-in or internet-based public comment, no further action can be taken on agenda items until the issue is resolved. This places an additional dependency on the hybrid meeting platform when a member of the body is participating remotely and poses an additional risk to meeting disruption in the event of potential technical difficulties with the underlying technology or internet connectivity.
Because only the City Council and Planning Commission meetings will be able to utilize a hybrid meeting format, only members of those bodies will be able to invoke the provisions of AB 2449 for remote participation in meetings, if necessary. No other City Committees or Commissions are equipped with the technology needed to hold hybrid format meetings and, therefore, the members of those bodies are limited to in-person participation or remote participation by the traditional Brown Act provisions.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
“Maintaining a Safe Community” includes supporting our first responders (police, fire, public works), responding to emergencies, protecting people, property, and businesses, and engaging in emergency preparedness community outreach, public education and prevention activities.
FISCAL IMPACT:
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Minor expenses were incurred for equipment necessary for enabling Zoom functionality at Council Chambers in the near-term for an initial test phase; future expenses may be necessary for integrated equipment upgrades and recommended internet bandwidth upgrades at Council Chambers to enhance the Zoom hybrid capabilities and reliability.
ORIGINATED BY:
City Manager's Office
City Clerk
ATTACHMENT LIST:
Attachment A: Resolution No. 18-2020 Ratifying Proclamation of Local Emergency - COVID-19 (PDF)
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RESOLUTION NO. __-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA TERMINATING THE
PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY REGARDING NOVEL (NEW) CORONAVIRUS ("COVID-19”)
WHEREAS, Government Code section 8630 and section 4-2.01 et seq. of the Pacifica Municipal Code empower the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council at the earliest possible time; and WHEREAS, the City Manager is the Director of Emergency Services of the City of Pacifica; and
WHEREAS, on March 3, 2020, the Director of Emergency Services of the County of San Mateo proclaimed a local emergency based on conditions of extreme peril to the safety of persons and property within San Mateo County resulting from the novel coronavirus (COVID-19); and
WHEREAS, on March 3, 2020, the San Mateo County Health Officer declared a Local Health Emergency pursuant to Health and Safety Code section 101080 based on the imminent and proximate threat to public health from the introduction of COVID-19 in San Mateo County; and
WHEREAS, on or about 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 11, 2020, the World Health Organization (“WHO”) characterized COVID-19 as a global pandemic; and
WHEREAS, on March 12, 2020, Governor Newsom issued Executive Order N-25- 20, which limited non-essential gatherings and imposed social distancing for smaller events.
The Executive Order also ordered certain requirements of the Brown Act relating to teleconferencing could be suspended if specified conditions were met by the public agencies; and
WHEREAS, on March 13, 2020, President Donald J. Trump issued a Proclamation Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak; and
WHEREAS, the City of Pacifica determined the need to promulgate emergency orders and regulations to facilitate the maintenance of order and reduction in potential loss of life and property; and
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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 rapid spread of COVID-19 was likely to create conditions of disaster or extreme peril which will be beyond the services, personnel and equipment and facilities of the City; and
WHEREAS, in accordance with Government Code section 8630 and PMC section 4-
2.05(a), on March 18, 2020, the City Council adopted Resolution No. 18-2020 ratifying the Proclamation of local emergency relating to COVID-19; and WHEREAS, since the proclamations of emergencies related to COVID-19 at national, state, county and local levels, various updates to Health Orders, Executive Orders by the California Governor and Health Officer of the County of San Mateo have been issued to amend mandates and guidelines responsive to the community levels of incidence and transmission of COVID-19 ; and
WHEREAS, the community levels of incidence and transmission of COVID-19 have significantly subsided and the access to and use of vaccines protecting the population against COVID-19 and its variants have lessened the risk of severe illness, hospitalization and threat to public health; and
WHEREAS, on February 28, 2023 Governor Newsom executed a Proclamation terminating the State of Emergency due to COVID-19 as of 11:59 p.m.; and WHEREAS, the San Mateo County Board of Supervisors terminated the County’s State of Emergency due to COVID-19 effective February 28, 2023; and WHEREAS, pursuant to Government Code Section 8630, the City Council, after reviewing the need for continuing the local emergency, has determined that conditions no longer exist to warrant continuing the local emergency beyond the timeframe identified by the State of California.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Pacifica hereby declares that the local emergency related to COVID-19, which was declared on March 16, 2020, shall be terminated as of the date of termination for the State of California’s state of emergency related to COVID-19.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of March, 2023, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
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______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney