City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-02225 1/10/2023 Consent Item 27.
Teleconferencing Meetings During the COVID-19 State of Emergency (30-Day Finding) File ID: 2022-02225
Location: Citywide
Recommendation: Pass a Motion finding the Sacramento City Council and its subsidiary committees, boards, and bodies (i.e., City Council Standing Committees, City Council Ad Hoc Committees, and City of Sacramento Boards, Commissions, and Committees) as well as the Financing Authority, Housing Authority, Public Financing Authority, and Redevelopment Agency Successor Agency, should continue to meet by teleconferencing, pursuant to California Government Code section 54953(e), because (1) the City Council has reconsidered the circumstances of the state of emergency, (2) the state of emergency continues to directly impact the ability of the members to meet safely in person, and (3) State and local officials continue to impose or recommend measures to promote social distancing.
Contact: Mindy Cuppy, MMC, City Clerk, (916) 808-5442, [email protected], Office of the City Clerk; Steven Itagaki, Supervising Deputy City Attorney, (916) 808-5346, [email protected], Office of the City Attorney Presenter: None
Attachments:
1-Description/Analysis
2-Assembly Bill No. 361 (AB 361)
Description/Analysis
Issue Detail: In accordance with California Government Code section 54953(e), a local agency may use teleconferencing without making each teleconferencing location accessible to the public when the legislative body of the local agency holds a meeting during a proclaimed state of emergency when state or local health officials have imposed or recommended measures to promote social distancing; during a proclaimed state of emergency held for the purpose of determining whether meeting in person would present imminent risks to the health or safety of attendees; and during a
File ID: 2022-02225 1/10/2023 Consent Item 27.
proclaimed state of emergency when the legislative body has already determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.
On October 12, 2021, City Council passed Motion 2021-0272, determining the City Council and its subsidiary committees, boards, and bodies (i.e., City Council Standing Committees, City Council Ad Hoc Committees, and City of Sacramento Boards, Commissions, and Committees) as well as the Financing Authority, Housing Authority, Public Financing Authority, and Redevelopment Agency Successor Agency, may meet by teleconferencing, pursuant to California Government Code section 54953(e), because 1) a proclaimed state of emergency relating to the COVID-19 pandemic is currently in effect; 2) state and local officials have imposed or recommended measures to promote social distancing; and 3) as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees.
Since that date, the City Council reconsidered the circumstances of the emergency every 30 days and determined that the bodies should continue to meet by teleconferencing, pursuant to California Government Code section 54953(e).
To continue with virtual meetings under the current rules, City Council must reconsider the circumstances of the emergency and determine that either the state of emergency continues to directly impact the ability of the members to meet safely in person; or state or local officials continue to impose or recommend measures to promote social distancing. These findings must be made by majority vote, pursuant to California Government Code section 54953(e)(3).
Policy Considerations: The COVID-19 state of emergency proclaimed by the Governor on March 4, 2020 is still in effect.
The California Department of Public Health still recommends that persons who are at a higher risk for severe illness from COVID-19-such as those older than 65, those who have high blood pressure or heart disease, or those with weakened immune systems-should continue to protect themselves and their loved ones by staying at least six feet apart from people who they don’t live with. Cal/OSHA requires employers to provide training to employees that includes the fact that physical distancing, in combination with other practices, decreases the spread of COVID-19. Sacramento County also continues to advise that preventing the transmission of COVID-19 requires a combination of prevention measures including physical distancing.
As of December 26, 2022, Sacramento County Public Health reported the following COVID-19 statistics:
· There has been a total of 361,015 cases and 3,580 deaths; · The case rate is 14.3 (unadjusted seven-day average per 100,000); · There are 184 hospitalized cases and 24 ICU cases;
File ID: 2022-02225 1/10/2023 Consent Item 27.
· The 30-day test positivity rate is 19.5%; and
· 67.7% of the population of the County and 68% of the population of the City of Sacramento are fully vaccinated.
As of December 26, 2022, the Center for Disease Control and Prevention (CDC) classifies the County of Sacramento’s COVID-19 community level as “high.” At this level, the CDC recommends the following:
· People may choose to mask at any time.
· Wear a high-quality mask or respirator.
· People with symptoms, a positive test, or exposure to someone with COVID-19 should wear a high-quality mask or respirator when indoors in public. · If you are at high risk of getting very sick, consider avoiding non-essential indoor activities in public where you could be exposed.
· If you have household or social contact with someone at high risk for getting very sick, consider self-testing to detect infection before contact, and consider wearing a high-quality mask when indoors with them.
· Stay up to date with COVID-19 vaccines, including recommended booster doses. · Maintain ventilation improvements.
· Avoid contact with people who have suspected or confirmed COVID-19. · Follow recommendations for isolation if you have suspected or confirmed COVID-19. · Follow CDC recommendations for what to do if you are exposed to someone with COVID-19.
Economic Impacts: None.
Environmental Considerations:
California Environmental Quality Act (CEQA): This action is not a project that is subject to CEQA because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines §15378(b)(5).) Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Continuing to hold public meetings via teleconferencing under the current rules, will protect the health and safety of attendees (including council members, staff, and
File ID: 2022-02225 1/10/2023 Consent Item 27.
the public) from the imminent risks of the COVID-19 pandemic, such as infection, illness, long COVID (post-COVID conditions), and death. The recommendation applies to the City Council, City Council Standing Committees, City Council Ad Hoc Committees, and City of Sacramento Boards, Commissions, and Committees, as well as the Financing Authority, Housing Authority, Public Financing Authority, and Redevelopment Agency Successor Agency.
Financial Considerations: None.
Local Business Enterprise (LBE): Not applicable.
Background: On March 4, 2020, the Governor of the State of California Gavin Newsom proclaimed a state of emergency relating to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
Shortly thereafter, on March 17, 2020, Governor Newsom issued Executive Order No. N-29-20 which authorized local legislative bodies to hold public meetings via teleconferencing, and waived provisions of the Ralph M. Brown Act that required the physical presence of members, the clerk, or the public as a condition of participation in a public meeting. The order expressly applied during the period in which state or local public health officials have imposed or recommended social distancing measures. The City Council has been using teleconferencing, in accordance with this order, to meet ever since.
Over a year later on June 11, 2021, when the transmission of COVID-19 was on the decline, Governor Newsom issued Executive Order No. N-08-21. That order rescinds the previous orders relating to the Brown Act, including Executive Order No. N-29-20, effective September 30, 2021.
On September 16, 2021, Governor Newsom signed into law AB 361, which amended California Government Code section 54953 to authorize legislative bodies of local agencies to hold public meetings via teleconferencing without complying with certain requirements of the Ralph M. Brown Act during a proclaimed state of emergency. These provisions are effective until January 1, 2024.
On October 17, 2022, Governor Newsom announced that the COVID-19 state of emergency will end on February 28, 2023.