CITY OF POMONA
COUNCIL REPORT
March 21, 2022
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Rosalia A. Butler, City Clerk
SUBJECT: ADOPTION OF RESOLUTION TO CONTINUE VIRTUAL MEETINGS FOR CITY COUNCIL AND CITY BOARDS, COMMISSIONS AND COMMITTEES THROUGH APRIL 17, 2022 DUE TO THE COVID-19 PANDEMIC PURSUANT TO ASSEMBLY BILL 361 AND RESUME IN-PERSON MEETINGS AFTER THAT DATE RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-56 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA MAKING FINDINGS AND DETERMINIATIONS UNDER AB 361 FOR THE CONTINUATION OF VIRTUAL MEETINGS THROUGH APRIL 17, 2022
PREVIOUS COUNCIL ACTION
On 3/16/2020, City Council declared the local emergency due to COVID-19 pandemic. On 4/5/2022, the City Council extended the emergency declaration indefinitely due to the COVID-19 pandemic. City Council adopted the following resolutions on the associated dates to extend the virtual meetings pursuant to AB 361: 2021-137 on 10/04/2021; 2021-164 on 11/1/2021; 2021-177 on 11/15/2022; 2021-186 on 12/6/2021; 2021-197 on 12/20/2021; 2022-08 on 1/10/2022; 2022-17 on 1/27/2022; 2022-27 on 2/7/2022; and 2022-32 on 2/28/2022.
EXECUTIVE SUMMARY:
Effective April 18, 2022, the City intends to return to in-person City Council meetings; similarly, any other City Board, Commissions and Committee meeting held on or after April 18, 2022 will be held in person. Approval of the proposed resolution will authorize the City Council to continue to conduct City Council meetings and meetings of other City Boards, Commissions & Committees virtually through April 17, 2022 in order to preserve the health and safety of the public, the City Council, Board/Commission/Committee Members, and staff.
FISCAL IMPACT:
There is no fiscal impact associated with this item. The City has already invested in the necessary technology to conduct meetings virtually. Similarly, there is no significant additional cost in returning to in-person meetings.
DISCUSSION:
Due to the global COVID-19 pandemic, the City Council began conducting City Council meetings virtually on April 6, 2020. Similarly, most City Boards, Commissions and Committees were dark during the month of March 2020 and April 2020, and began meeting virtually in May 2020. On or about September 17, 2021, Assembly Bill (AB) 361 was passed and authorizes local legislative bodies to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing if there is a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing; In order to continue to meeting virtually, the City must determine by a majority vote whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
The State of California, County of Los Angeles, and City of Pomona are all under a proclaimed state of emergency due to the COVID-19 global pandemic. Both the State of California and County of Los Angeles have recommended continuing measure to promote social distancing. In addition, it is known that the risk of spreading COVID-19 increases substantially where people gather indoors for an extended period of time. As such, meeting in person would present imminent risks to the health or safety of attendees.
Although there are still risks, there have been recent signs of improvements. As of March 3, 2022, the Centers for Disease Control (CDC) has placed Los Angeles County in the “Low” COVID-19 Community Level. Similarly, Los Angeles County made face masks recommended instead of mandatory indoors effective March 4, 2022. With these positive developments, the City intends to return to in-person meetings beginning with the City Council meeting on Monday, April 18, 2022. All other City Boards, Commissions and Committees meeting on or after April 18, 2022 will also return to in person meetings. The selected date will allow time to ensure that cases remain low and there is no immediate resurgence as a result of the removal of the mask mandates and other COVID-19 safety restrictions.
Upon the return to in-person public meetings, the use of Zoom technology during public meetings will cease. Elected and appointed members to the City Council, Boards, Commissions and Committees governed by the Brown Act will be expected to attend in person. Consistent with the Brown Act,, if they are unable to attend in person, the following procedures apply: they must be in a location that can be posted on the agenda and is available to the public; they must notify the City Clerk or appropriate staff liaison of such remote attendance in time to post the location on the agenda; and they may participate in the meeting via telephone.
Similarly, members of the public are invited to attend the City Council meetings in person. Remote attendance will not be permitted. However, the City will temporarily continue the practice established during the pandemic of allowing members of the public to email the City Clerk by a deadline published by the City Clerk on the agenda. The comment will be read in conjunction with the appropriate item, assuming the person does not attend and speak personally. Such comments will be limited to 200 words (or other length criteria as established by the City Clerk). The option is limited to either a three (3)-minute verbal comment or an email comment, not both, for each opportunity for which public comment is allowed during the meeting. Similar procedures will be established for and followed by other City Boards, Commissions and Committees.
While no City Council action is required to return to in-person meetings, a resolution must be adopted to continue the virtual meetings through April 17, 2022. Accordingly, it is recommended that the City Council adopt the attached resolution (Attachment No. 1) that makes the necessary findings pursuant to Assembly Bill 361 and authorizes the City Council to meet virtually through April 17, 2022. The adoption of the resolution will also apply to all City Boards, Commissions and Committees, thus authorizing and requiring all City Boards, Commissions and Committees to meet virtually and return to in-person meetings beginning April 18, 2022.
This is anticipated to be the last resolution extending virtual meetings due to the COVID-19 pandemic. If there is a significant surge in COVID-19 cases to the extent that virtual meetings are again recommended, staff will bring forth a resolution to City Council pursuant to Assembly Bill 361, or implement virtual meetings using other appropriate emergency powers that may be applicable at that time.
ATTACHMENT:
Attachment No. 1 – Resolution No. 2022-56
Virtual Meetings due to COVID-19 Pandemic