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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO. ______________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN JOSE FINDING THE CONTINUED EXISTENCE OF
THE NEED TO EXTEND AB 361 IMPLEMENTATION AND
AMENDING THE CITY’S CONSOLIDATED OPEN
GOVERNMENT AND ETHICS RESOLUTION NO. 77135 TO
INCORPORATE THE GOVERNOR’S PROCLAIMED COVID
STATE OF EMERGENCY TO ALLOW CITY LEGISLATIVE
BODIES AND JOINT POWERS AUTHORITY LEGISLATIVE
BODIES FOR WHICH THE CITY SERVES AS LEAD
STAFFING AGENCY TO HOLD PUBLIC MEETINGS
SOLELY BY TELECONFERENCE OR OTHERWISE
ELECTRONICALLY PURSUANT TO AB 361; TO MODIFY
AGENDA NOTICING AND DOCUMENT POSTING; AND TO
INCORPORATE ALL FUTURE GOVERNOR’S EXECUTIVE
ORDERS REGARDING THE BROWN ACT INTO THE
CITY’S OPEN GOVERNMENT PROCEDURES, AS
DEEMED APPROPRIATE BY THE CITY CLERK AND CITY
MANAGER, WITHOUT FURTHER COUNCIL ACTION
WHEREAS, the Ralph M. Brown Act (California Government Code Sections 54950, et seq., hereinafter referred to as the “Brown Act”) requires that public meeting agendas be posted at least 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting; and
WHEREAS, on August 26, 2014, the Council of the City of San José (“City”) adopted Resolution No. 77135 consolidating Open Government and Ethics Provisions, which imposes additional public meeting and document noticing requirements than those imposed by the Brown Act; and
WHEREAS, the Brown Act allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met: (1) each teleconference location from which a member is participating is noticed on the agenda; (2) each NVF:NXN
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teleconference location is accessible to the public; (3) members of the public must be able to address the body at each teleconference location; (4) at least one member of the legislative body must be physically present at the location specified in the meeting agenda; and (5) during teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body’s territorial jurisdiction; and
WHEREAS, on March 17, 2020, Governor Gavin Newsom issued Executive Order N- 29-20 which suspended the Brown Act teleconferencing requirements so that legislative bodies can hold public meetings solely by teleconference, or otherwise electronically, without listing the teleconference locations and without any physical location, as long as the agenda that is posted 72 hours in advance indicates that the members of the legislative body will be participating by teleconference, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations; and
WHEREAS, on April 21, 2020, the City Council, by Resolution No. 79485, incorporated Executive Order N-29-20 into the City’s Consolidated Open Government and Ethics (Sunshine) Resolution No. 77135 to allow the City to utilize the suspension of the Brown Act teleconferencing requirements in Executive Order N-29-20; incorporated all future Governor’s Executive Orders regarding the Brown Act into the City’s Sunshine procedures, as deemed appropriate by the City Clerk and City Manager, without further action from the City Council; allowed public meeting agendas to be posted 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting; allowed documents related to COVID-19, as determined by the City Manager and City Clerk, such as staff reports, ordinances and resolutions, to not be required to be posted 72 hours in advance of the meeting; allowed documents not related to COVID-19, as determined by the City Manager and City Clerk, to be posted at least 72 hours prior to a NVF:NXN
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regular meeting and at least 24 hours prior to a special meeting; allowed only the City Manager to place an item on the City Council Agenda after the Rules and Open Government Committee meeting, but at least 72 hours prior to the meeting, in compliance with a two-thirds (2/3) vote of Council to add items after Rules; and allowed the Mayor and Councilmembers to place an item on the City Council Agenda after the Rules and Open Government Committee meeting, but at least 72 hours prior to the meeting, if the Mayor, City Manager and City Attorney concur that the item requires immediate action, and Council authorizes its addition by a two-thirds vote; to be in effect while state or local public officials impose or recommend measures to promote social distancing; and
WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which sunset the Brown Act provisions of Executive Order N-29-20 on September 30, 2021; and
WHEREAS, on September 17, 2021, Governor Newsom signed urgency ordinance AB 361 allowing a local agency to use teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during a Governor-proclaimed state of emergency pursuant to California Government Code Section 8625 et seq, if the state of emergency continues to directly impact the ability of the members of its legislative bodies to meet safely in person or state or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City Council has made findings, beginning on March 10, 2020 and continuing every 60 days thereafter, most recently by Resolution No. 80262 adopted on October 19, 2021, for the continued proclamation of local emergency based on substantial evidence that the public interest and necessity require the continuance of the proclamation of local emergency related to COVID-19; and NVF:NXN
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, Resolution No. 80262 continued the proclamation of local emergency until such time as conditions warrant termination of the local emergency by the City Council, in accordance with the Gubernatorial Declaration of Emergency that waived the 60-day renewal requirement under Government Code Section 8630(c); and
WHEREAS, on August 2, 2021, due to the delta variant spike in case numbers and hospitalizations, eight Bay Area Health Officers, including Santa Clara County, issued Health Orders requiring face coverings indoors in public places, regardless of vaccination status, beginning August 3, 2021; and
WHEREAS, a recent surge in COVID-19 cases has been reported in the Bay Area and across California as well as the country due to the highly contagious delta variant; and
WHEREAS, on August 10, 2021, the re-opening of City Hall with additional staff was postponed. Given masking and vaccination mandates and social distancing recommendations, a pause in the return to onsite work was warranted until the Delta variant (and other variants of concern) trajectories are better understood and the City has completed employee vaccination and testing policy compliance by September 30, 2021; and
WHEREAS, on August 16, 2021, the City’s Emergency Operations Center (“EOC”) was reactivated at Level IV (lowest level) to support coordination with the County for vaccination support, monitoring conditions, and preparing staff for potential additional response; and
WHEREAS, on September 7, 2021, the EOC activation was increased to Level III to enhance monitoring capabilities, facilitate coordination between departments, and prepare for increased vaccination clinic activities; and NVF:NXN
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, on September 23, 2021, federal, state and local health officials authorized providing third booster shots for limited categories of vaccinated individuals in light of waning immunity to COVID-19; and
WHEREAS, on September 28, 2021, October 26, 2021, November 16, 2021, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, and April 5, 2022, the City Council adopted Resolution Nos. 80237, 80266, 80290, 80323, 80343, 80363, 80400, and 80445, respectively, amending Resolution No. 77135 to incorporate the Governor’s proclaimed COVID state of emergency to allow City legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB361, to modify agenda noticing and document posting, and to incorporate all future Governor’s executive orders regarding the Brown Act into the City’s open government procedures, as deemed appropriate by the City Clerk and City Manager, without further Council action; and
WHEREAS, the San José-Santa Clara Clean Water Financing Authority, a Joint Powers Authority for which the City serves as lead staffing agency, will consider a Resolution to hold Public Meetings Solely by Teleconference or Otherwise Electronically Pursuant to AB 361 and Delegate the Declaration of Emergency to the San José City Council to adopt the ongoing emergency declarations as it does for all other San José Council Committees, Decision-Making Bodies, Boards, Committees, and Commissions, and Other Advisory Entities; and
WHEREAS, on October 7, 2021, the eight Bay Area Health Officers, including from Santa Clara County, that issued Health Orders requiring face coverings indoors beginning August 3, 2021 reached consensus on criteria each jurisdiction must meet in order to lift its indoor masking requirement in public spaces not subject to state and federal masking rules, which includes: the jurisdiction reaching the moderate (yellow) NVF:NXN
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COVID-19 transmission tier, as defined by the CDC, and remaining there for at least three weeks; COVID-19 hospitalizations in the jurisdiction are low and stable, in the judgment of the health officer; and 80% of the jurisdiction’s total population is fully vaccinated with two doses of Pfizer or Moderna or one dose of Johnson & Johnson (booster doses not considered); or eight weeks have passed since a COVID-19 vaccine has been authorized for emergency use by federal and state authorities for 5 to 11-year- olds; and
WHEREAS, on November 2, 2021, federal, state and local health officials authorized emergency use of the Pfizer COVID vaccine for children ages 5-11, and may consider emergency authorization of the COVID vaccine for children under age 5 within the next few months; and
WHEREAS, on November 2, 2021, Santa Clara County and six neighboring Bay Area counties (Santa Cruz, Alameda, San Mateo, San Francisco, Contra Costa and Napa) moved back into the substantial (orange) COVID-19 transmission tier and two Bay Area counties (Sonoma and Solano) moved back into the high (red) COVID-19 transmission tier; and
WHEREAS, on November 5, 2021, COVID-19 cases in California climbed back up to the high (red) COVID-19 transmission tier driven by the Delta variant, waning immunity, and colder temperatures leading to increased indoor gatherings; and
WHEREAS, in light of waning immunity to COVID-19, Santa Clara County health officials on October 22, 2021, California health officials on November 11, 2021, and federal health officials on November 19, 2021, authorized third booster shots for all adults ages 18 years and older who received a Pfizer or Moderna vaccine at least six months after their second dose or who received a Johnson & Johnson vaccine at least two months ago; and
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, on November 11, 2021, in preparing California’s health care facilities for the approaching flu season and the potential beginning of a new surge in COVID-19 cases, Governor Newsom issued Executive Order N-21-21 extending California’s ability to hire out-of-state health care workers and waiving certain licensing requirements through March 31, 2022; and
WHEREAS, on November 22, 2021, Santa Clara County and its neighboring Bay Area counties moved into the moderate (yellow) COVID-19 transmission tier and California moved into the substantial (orange) COVID-19 transmission tier; and
WHEREAS, on November 25, 2021, scientists identified the latest COVID-19 variant, Omicron, which has prompted concern among scientists and public health officials because of an unusually high number of mutations that have the potential to make the virus more transmissible and less susceptible to existing vaccines; and
WHEREAS, on December 1, 2021, the first U.S. Omicron case was reported in San Francisco; and on December 10, 2021, the first Omicron case was reported in Santa Clara County and the California Department of Public Health reported a total of 18 Omicron cases statewide; and
WHEREAS, federal health officials on December 9, 2021, and California health officials on December 10, 2021, authorized Pfizer booster shots for those aged 16 and 17 who completed their initial vaccine series at least six months ago; and
WHEREAS, on December 13, 2021, the California Department of Public Health reinstituted its statewide mask mandate, requiring all individuals, regardless of their vaccination status, to wear face coverings (recommending surgical masks or higher- level N-95 respirators) in indoor public settings from December 15, 2021 through NVF:NXN
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January 15, 2022 due to a 47% increase in the statewide seven-day average case rate and 14% increase in hospitalizations since Thanksgiving; and
WHEREAS, at the end of December 2021, several Bay Area counties reported their highest COVID case positivity rates in months due to the Omicron variant, topping the peak in Delta cases over Summer 2021, with hospitalizations sharply rising and Bay Area hospitals canceling many elective surgeries and procedures, reinstating visitor restrictions, and preparing for a potential surge in hospitalizations, although high vaccination rates appear to have prevented upward spikes in hospitalizations or death rates; and
WHEREAS, spurred by an alarming surge of COVID-19 case rates across the state, the California Department of Public Health amended its existing order on December 22, 2021 to require all workers at health care facilities to get vaccine boosters by February 1, 2022; the University of California and California State University systems also required faculty, staff and students to get boosters; Contra Costa County issued a public health order on December 27, 2021 requiring first responders and other high-risk workers to get their booster shots by January 10, 2022 or face weekly tests; and on December 28, 2021, Santa Clara County issued a public health order requiring workers in health care settings, nursing homes, homeless shelters and correctional facilities in Santa Clara County to obtain boosters by January 24, 2022; and
WHEREAS, on January 3, 2022, the Food and Drug Administration approved the Pfizer booster shots for those aged 12-15 who completed their initial vaccine series at least five months ago; and
WHEREAS, following the school winter break, at-home COVID-19 tests provided by schools turned up hundreds of infections among Bay Area students and teachers, preventing them from returning to school on January 3, 2022; and NVF:NXN
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, in light of the increasing positivity rate of the highly transmissible Omicron variant and the still present Delta variant, on January 5, 2022, the City announced that it would return to virtual-only City Council meetings, switch the City Hall First Floor City Development Services Permit Center and Cashier Services and the City Hall Fourth Floor Code Enforcement Services to virtual-only appointments, close the in-person City Hall Eviction Help Center, and reduce Police Department main lobby services until further notice; and
WHEREAS, on January 5, 2022, California Health and Human Services Secretary Dr.
Mark Ghaly extended the statewide mask mandate to February 15, 2022; and
WHEREAS, on January 12, 2022, the City Council adopted a new ordinance requiring all of its employees to get a booster shot in addition to the initial vaccine doses mandated earlier, and requiring visitors of large, indoor events held at public facilities within the City of San José to show proof they received a booster shot, or submit a negative COVID-19 test before entering; and
WHEREAS, on January 12, 2022, joining other Bay Area courts limiting public access, the Santa Clara County Superior Court announced that it is closing public counters and restricting courthouse entry because of staffing absences driven by the rapidly spreading Omicron variant of COVID-19 through January 31, 2022; and
WHEREAS, on January 12, 2022, due to the surge of the COVID-19 Omicron variant in the community, and to ensure the safety of staff, volunteers and members of the public, City Library indoor programs were temporarily paused until further notice; and
WHEREAS, on January 13, 2022, in response to the current surge of COVID-19 cases fueled by the super-contagious Omicron variant, San Jose State University, located NVF:NXN
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close to San Jose City Hall, joined a growing list of public and private universities delaying in-person classes until February 14, 2022; and
WHEREAS, on January 25, 2022, Governor Newsom and state lawmakers announced the return of supplemental paid sick leave through September 30, 2022 to provide up to two weeks of leave to full-time workers at businesses with at last 26 employees to cover workers who are sick with COVID-19 or caring for loved ones with COVID-19; and
WHEREAS, as of January 27, 2022, COVID-19 deaths in California reached a new high surpassing the surges of Delta last summer or the virus’ initial waves in early 2020, but less than last winter’s deadly surge before vaccines became widespread; and
WHEREAS, as of February 2, 2022, although case numbers continue a trend of improvement from the peak of the Omicron surge, California COVID-19 deaths continue to rise and hospitalizations remain elevated; and
WHEREAS, on February 7, 2022, while California remained in the red “high” COVID-19 transmission level, the California Department of Public Health announced that as of February 16, 2022, only vaccinated individuals will be able to enter indoor public settings without a face covering, except on public transit, hospitals, skilled-nursing facilities, jails, K-12 schools and child care facilities; and
WHEREAS, on February 9, 2022, Santa Clara County Health Officer Dr. Cody explained that case rates remained too high, at 1,900 cases a day, to justify easing the indoor mask requirement in Santa Clara County; and
WHEREAS, on February 11, 2022, the U.S. Food and Drug Administration announced that after reviewing new trial information, it needed more data and would postpone NVF:NXN
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authorizing use of a COVID-19 vaccine for infants and children 6 months through 4 years of age for at least two months; and
WHEREAS, on February 15, 2022, the Centers for Disease Control and Prevention reported that hospitalization rates from July 3, 2021 to January 22, 2022 for children under age 4 were about five times higher during the peak Omicron week than during the Delta peak and children ages 5-11 who were unvaccinated had hospitalization rates about six times those of fully vaccinated adolescents; and
WHEREAS, as of February 18, 2022, while California’s COVID-19 case rates decreased nearly 90% from a month earlier, COVID-19 deaths are peaking from the prior month’s surge from the Omicron variant; and
WHEREAS, on February 24, 2022, due to the County’s seven-day average number of COVID-19 cases dropping to 504, Santa Clara County health officials lifted its indoor mask mandate for vaccinated individuals for restaurants, stores and other indoor places as of March 2, 2022; and
WHEREAS, on February 25, 2022, the Centers for Disease Control and Prevention overhauled its recommended guidance for when people should wear face masks to avoid COVID-19 infection, including in K-12 school settings, based on weekly cases and positive rates, with most of California in the High (Mask Indoors) risk level, some of the Bay Area in the Low (Mask Optional) risk level, and Santa Clara County in the Medium (Mask if Immunocompromised) risk level; and
WHEREAS, on February 28, 2022, the California Department of Public Health announced it will end the statewide mask mandate for K-12 schools on March 12, 2022, and deferring to local school districts and health officials the decision of whether to maintain tougher face covering rules than the State, and that the mask requirement for NVF:NXN
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unvaccinated people would also be dropped starting March 1, 2022 although they will be “strongly recommended for all individuals in most indoor settings”; and
WHEREAS, on March 1, 2022, the San José City Council repealed its requirement for proof of booster shots to enter City-owned facilities such as the SAP Center and Center for Performing Arts, deferring to California’s “mega-event” directive requiring attendees of events with 1,000 or more people to show proof that they are fully vaccinated with the two shots of the Pfizer or Moderna vaccine or one dose of the Johnson & Johnson vaccine, or provide a negative COVID-19 test taken within two days of the event; and
WHEREAS, on March 2, Santa Clara County health officials lifted its indoor mask mandate for both vaccinated and unvaccinated individuals in most indoor settings, and announced it would be dropping masking requirements for K-12 schools once the State lifted its order on March 12, but strongly recommended indoor masking to protect the more vulnerable such as young children who are not yet eligible to be vaccinated, people who are immunocompromised or who have other health conditions, or anyone who is not getting adequate protection from the vaccination; and
WHEREAS, on March 2, due to moderately high case rates, the City continued its mask mandate for all City employees and for all visitors and members of the public entering City facilities, regardless of vaccination status, continued elevator capacity limits and encouraging employees and visitors to observe social distancing, and recommending meetings to be held virtually or hybrid to allow for social distancing; and
WHEREAS, on March 6, California data revealed that deaths among the vaccinated rose sharply, three times more, with the Omicron variant compared to the Delta variant due to the Omicron variant afflicting those with weakened immune systems to severe illness than those who were otherwise healthy, leading Santa Clara County Health Officer Dr. Sara Cody to note that vaccination alone is not enough for older or higher NVF:NXN
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
risk people and the reason to continue strongly recommending the indoor masking requirement in Santa Clara County; and
WHEREAS, on March 7, Santa Clara County announced it would be relaxing its booster mandate that required all high-risk workers like nurses and correctional officers to get the vaccine, by allowing employees with exemptions to remain in their current jobs with weekly testing, bringing it in line with the state’s rules; and
WHEREAS, on March 14, nine out of 10 kids at San Jose Unified School District opted to keep masks on even though the school district had adopted the state’s mask-optional guidance; and
WHEREAS, on March 16, while COVID cases, hospitalizations and deaths continue their descent after the deadly Omicron variant surge in December and January, a new wave of infections is spreading in Asia and Europe, blamed on loosening restrictions, waning immunity and growing prevalence of a more transmissible form of the Omicron variant called BA.2, accounting for 23% of all U.S. infections and reflected in an uptick of the variant found in some U.S. wastewater systems; and
WHEREAS, on March 22, new data from the Centers for Disease Control and Prevention showed that the BA.2 subvariant is about 30% more transmissible than BA.1, the Omicron strain that drove this past winter’s massive case surge; and
WHEREAS, on March 28, the City lifted its mandatory masking requirement for employees and guests in City facilities to strongly recommended; and
WHEREAS, on March 29, the FDA and CDC approved a second booster of the Pfizer or Moderna vaccine for all people ages 50 or older four months after their last shot NVF:NXN
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coinciding with reports that the BA.2 Omicron subvariant now accounts for 54.9% of U.S. COVID cases; and
WHEREAS, effective April 1, the state requirement for vaccine verification or proof of negative tests for attendees at Indoor Mega Events moved to a strong recommendation; and
WHEREAS, on April 5, the City Council rescinded its Municipal Code requiring the wearing of face coverings within the City of San José; and
WHEREAS, on April 11, San Jose State University Interim President Steve Perez announced it would continue its indoor mask policy through May 27, the end of the semester; and
WHEREAS, on April 13, citing concerns about an upturn in COVID-19 cases in the Northeast, the Centers for Disease Control and Prevention extended the mask mandate for airlines and public transportation that was set to expire on April 18, 2022 until at least May 3; and
WHEREAS, on April 18, a federal judge in Florida ruled the national COVID-19 mask mandate for airlines and public transportation exceeded U.S. health officials’ authority, and later that evening, Transportation and Security Administration (TSA) issued a statement saying it would no longer be enforcing the mask rule effective immediately, though reminding the public that the “CDC continues to recommend that people wear masks in indoor public transportation settings at this time”; and
WHEREAS, on April 19, the Santa Clara Valley Transportation Authority, Caltrain, and San Francisco Municipal Transportation Agency announced masks will remain required, NVF:NXN
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while AC Transit, Golden Gate Bus, Golden Gate Ferry, Bay Area Rapid Transit, SMART train, and Santa Cruz Metro made masks optional; and
WHEREAS, on April 20, the Santa Clara Valley Transportation Authority, Caltrain, Bay Area Rapid Transit and San Francisco Municipal Transportation Agency announced they were dropping their mask requirements aboard buses, trains and paratransit vehicles and at facilities, however, they encouraged riders to continue wearing masks; and
WHEREAS, on April 20, upon the request of the U.S. Centers for Disease Control and Prevention, the U.S. Department of Justice appealed the April 18 Florida judge’s ruling ending the mask mandate for airlines and public transportation; and
WHEREAS, as of April 27, COVID-19 levels in wastewater concentrations in the greater Bay Area from Sacramento to Yolo, San Francisco and Santa Clara County and San Mateo County, were similar to what they were during the Delta surge in the summer of 2021, indicating another wave of the pandemic, although not resulting in an increase in hospitalizations; and
WHEREAS, on April 28, Bay Area Rapid Transit reinstated its mask mandate effective immediately through July 18, which impacts the system’s 50 stations in five Bay Area counties; and
WHEREAS, on April 29, faced with a “significant increase” in COVID-19 infections attributed in part to “post-spring break exposures and attendance at indoor events and gatherings without masks,” Marin County public health officials issued new safety guidelines to schools for high school proms and other large end-of-year gatherings by advising school officials to consider requiring proof of vaccination, proof of a negative rapid at-home antigen test and masks for indoor gatherings of more than 50 people, NVF:NXN
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while some Marin County schools reinstated its indoor mask mandate for a few weeks; and
WHEREAS, Government Code Section 54953(e)(3) requires that the City Council review the need and make findings for continuing the teleconferencing without complying with the agenda posting and public comment requirements at least once every thirty (30) days until Governor terminates the state of emergency; and
WHEREAS, the associated emergency conditions are on-going and there is a need to continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency and if approved, will be in effect for 30 days and will expire on June 2, 2022 unless staff returns to City Council on or before May 24, 2022 to request to continue the need for teleconferencing;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
1. The City Council hereby finds that the state of emergency conditions related to COVID-19, as set forth in Resolution No. 80262 adopted on October 19, 2021 and incorporated herein by reference, are on-going.
2. The City Council finds that there is a need to continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency.
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3. The City Council finds that the state of emergency continues to directly impact the ability of members of the City’s City Council, Council Committees, City Decision-Making Bodies, City Boards, Committees and Commissions, City Other Advisory Entities, and Joint Power Authority legislative bodies for which the City serves as lead staffing agency, to meet safely in person.
4. City officials continue to recommend measures to promote social distancing in City facilities.
5. Members of the City Council, Council Committees, City Decision-Making Bodies, City Boards, Committees and Commissions, City Other Advisory Entities, and Joint Power Authority legislative bodies for which the City serves as lead staffing agency, are authorized to use teleconferencing, or other electronic means, to hold its public meetings without noticing the teleconferenced locations on the agenda, without making teleconferenced or physical locations accessible to the public, without posting agendas at teleconferenced locations, without requiring members of the legislative bodies to be physically present at the meeting, and without requiring a quorum of the members of the legislative body to participate from locations with the City’s jurisdiction, as long as the agenda that is posted at least 72 hours in advance indicates that members of the legislative body may be participating electronically, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations, in compliance with AB 361, Government Code Section 54953(e).
6. The City’s Sunshine procedures are amended to incorporate all future Governor’s Executive Orders regarding the Brown Act, as deemed appropriate by the City Clerk and City Manager, without further action from the City Council.
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7. The City’s Consolidated Open Government and Ethics Resolution No. 77135 is amended to modify the public meeting agenda and document posting requirements such that public meeting agendas would be posted at least 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting; documents related to COVID-19, as determined by the City Manager and City Clerk, such as staff reports, ordinances and resolutions, would not need to be posted 72 hours in advance of the meeting; and documents not related to COVID-19, as determined by the City Manager and City Clerk, would need to be posted at least 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting.
8. The City’s Consolidated Open Government and Ethics Resolution No. 77135 is amended to provide that only the City Manager—not Mayor and Council Offices—can request the City Clerk place an item on the City Council Agenda after the date of the hearing of the Rules and Open Government Committee, but at least 72 hours prior to the meeting, in compliance with the Rules of Conduct Resolution No. 79367 Rule 3(d) which requires a two-thirds (2/3) vote of Council to add items after Rules during the current Governor-proclaimed COVID-19 state of emergency.
9. The City’s Consolidated Open Government and Ethics Resolution No. 77135 is amended to provide that the Mayor and Councilmembers can request the City Clerk place an item on the City Council Agenda after the date of the hearing of the Rules and Open Government Committee, but at least 72 hours prior to the meeting, if the City Clerk utilizes the procedures authorized in the City’s Consolidated Open Government and Ethics Resolution No. 77135, Section
2.3.2.1.E to allow items to be so added if the Mayor, City Manager, and City Attorney concur that the item requires immediate action, and Council authorizes NVF:NXN
4-28-22
T-38767/1917468 19
Council Agenda: 5-3-2022
Item No.: 2.7
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
its addition by a two-thirds (2/3) vote during the current Governor-proclaimed COVID-19 state of emergency.
10. The City Clerk is hereby directed to report to the City Council within thirty (30) days on the need to further continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency.
ADOPTED this _____ day of ___________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk