FOR THE COUNCIL MEETING OF FEBRUARY 1, 2022
COUNCIL AGENDA REPORT
TO:
FROM:
SUBJECT:
City Council
City Manager
Prepared By: Chief Deputy City Clerk
CONDUCT OF MEETINGS DURING THE ONGOING COVID-19 STATE OF EMERGENCY — THIRD EXTENSION
RECOMMENDATION:
That the City Council adopt a Resolution continuing the extension of the City's ability to conduct meetings of the City Council and City Boards, Commissions and Committees partially or completely remotely by using a combination of in-person/virtual (hybrid) platforms as authorized by Government Code § 54953(e)(1)(A) to promote social distancing, prioritize the Public's Health and Wellbeing under Santa Barbara County Health Officer Orders, and provide flexibility as needed to facilitate continuity of government.
BACKGROUND:
The City Council and other City Boards, Commissions, and Committees have held Brown Act meetings by utilizing remote/virtual platforms for meetings under the authority of Executive Order N-29-20, which expired on September 30, 2021. On September 16, 2021, Governor Newsom signed Assembly Bill 361 (AB 361) amending Government Code Section 54953 (part of the Brown Act) to add special provisions for teleconference meetings during emergencies. These provisions became applicable on October 1, 2021.
The Governor's March 4, 2020, Proclamation of Emergency related to the COVID-19 pandemic remains in effect.
Additionally, the Santa Barbara County Health Officer has continued to issue orders requiring or recommending social distancing. Section 54953(e)(1)(A) affords the City Council, Planning Commission, and other City Boards, Commission, and Committees the ability to continue to conduct their meetings remotely or using a combination of in- person/virtual (hybrid) platforms, so long as the current statewide emergency exists, and state or local officials have imposed or recommended measures to promote social distancing. These orders were considered and adopted by the City Council on December 7, 2021 (Resolution No. 2021-131) and January 4, 2022 (Resolution No. 2022-03).
DISCUSSION:
The rules for conducting teleconference meetings are slightly modified under the new law and include the following requirements:
• Notice of the meeting must still be given in compliance with the Brown Act and the notice must include how the public may access the meeting and provide public comment.
• All votes must be by roll -call vote.
• The public must be provided access to the meeting via a call -in option or internet- based service option and allowed to "address the legislative body directly." The agency does not have to provide an in -person option for the public to attend the meeting.
• The meeting must be conducted in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body.
• If there is a disruption to the meeting broadcast or in 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.
• The legislative body cannot require comments to be submitted before the start of the meeting. The public must be allowed to make "real time" public comment. • Reasonable time for public comment must be provided. If the agency provides a timed public comment period, the public comment period must be left open until the time expires.
The City has generally complied with these requirements during the COVID-19 emergency, providing at -times a hybrid version allowing for both in -person and remote participation by body -members.
The City Council must, no later than 30 days after voting to continue holding virtual meetings and every 30 days thereafter, reconsider the circumstances of the State's COVID-19 state of emergency and determine that either (a) the state of emergency continues to directly impact the ability of members to meet safely in person, or (b) state or local officials continue to impose or recommend social distancing measures. The proposed Resolution would be the third such order by the City Council making the necessary findings to allow the City the ability to conduct its meetings remotely or using a combination of in-person/virtual (hybrid) plafforms so long as the state of emergency exists, and State or local officials continue to impose or recommend social distancing.
Alternatives
Not adopting the Resolution would thereby require in -person public meetings only with no option for a hybrid or fully virtual meeting opportunity in accordance with the original Brown Act rules. Those original rules require the posting of agendas when a member of the City Council, Board, Commission, or Committee expects to remotely join a meeting by agendizing the absence of the member and the location at which the member will be participating, posting the agenda at the location where the member will be participating, and making the location where the member is participating accessible to the public to provide comments to the meeting body. This procedure is adequate under normal circumstances but has proven constraining during the pandemic when attendance by officials can change with less advance notice.
Fiscal Impact:
There is no foreseen fiscal impact.
Impact to the Community:
Provides continuity of government of the City Council and its Boards, Commissions, and Committees when a member(s) is/are unable to participate in person due to State and County Health Orders.
RHONDA M. WHITE, CMC
Chief Deputy City Clerk
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,
CALIFORNIA, CONTINUING THE EXTENSION OF THE CITY'S ABILITY TO
CONDUCT MEETINGS OF THE CITY COUNCIL AND CITY BOARDS, COMMISSIONS,
AND COMMITTEES PARTIALLY OR COMPLETELY REMOTELY BY USING A
COMBINATION OF IN-PERSONNIRTUAL (HYBRID) PLATFORMS AS AUTHORIZED BY GOVERNMENT CODE SECTION 54953(e)(1)(A) TO PROMOTE SOCIAL
DISTANCING, PRIORITIZE THE PUBLIC'S HEALTH AND WELLBEING UNDER
SANTA BARBARA COUNTY HEALTH OFFICER ORDERS, AND PROVIDE
FLEXIBILITY AS NEEDED TO FACILITATE CONTINUITY OF GOVERNMENT WHEREAS, the City Council, City Boards, Commissions, and Committees have on occasion been meeting by teleconference during the COVID-19 state of emergency to protect the health and safety of the public, participants in public meetings, members of the City Council and its Boards, Commissions, Committees ("City Council and its Committees"), as well as City staff; and
WHEREAS, the City Council and Committees have been holding hybrid meetings by teleconference under the authority of Executive Order N-29-20, which expired on September 30, 2021; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 amending Government Code Section 54953 (part of the Brown Act) to add special provisions for teleconference meetings during emergencies. These provisions became applicable on October 1, 2021; and
WHEREAS, the Governor's March 4, 2020, Proclamation of a State of Emergency as a result of the COVID-19 pandemic remains in effect. Likewise, the Santa Barbara County Health Officer has continued to issue orders requiring or recommending social distancing; and
WHEREAS, the City of Santa Maria values in -person meetings. The State of Emergency continues to directly impact the ability of the members of the City Council and City Committees to meet safely in person; and
WHEREAS, the City Council desires to maintain continuity of government and continue to protect the health and safety of the public, participants in public meetings, members of the City Council, Committees, as well as City staff; and WHEREAS, on September 28, 2021, the Santa Barbara County Public Health Department issued a "Health Officials AB 361 Social Distance Recommendation," which is attached to this Resolution as Exhibit A and incorporated herein; and WHEREAS, on December 7, 2021 (Resolution No. 2021-131) and January 4, 2022 (Resolution No. 2022-03), the City Council directed that the City Council and City boards
and commissions may continue to be conducted remotely or using a combination of in- person/virtual (hybrid) platforms as authorized by Government Code Section 54953(e)(1)(A) to promote social distancing and prioritize the public's health and well- being under Santa Barbara County Health Officer orders; and WHEREAS, Government Code Section 54953(e)(3) requires the City Council to reconsider the circumstances of the state of emergency every 30 days; and WHEREAS, the City Council has reconsidered the circumstances of the state of emergency and finds that the emergency continues to directly impact the ability of the members to meet safely in person and State or local officials continue to impose or recommend measures to promote social distancing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. The City Council provides that all meetings of the City Council and City Boards, Commissions, and Committees may continue to be conducted remotely or using a combination of in-person/virtual (hybrid) platforms as needed in accordance with the provisions of Government Code Section 54953, so long as the current statewide emergency exists, or state or local officials have imposed or recommended measures to promote social distancing.
3. This Resolution will remain in effect for 30 days following its adoption, subject to extension or renewal by motion of the City Council.
4. The City Council will reconsider this Resolution and any extension or renewal every 30 days.
5. The Chief Deputy City Clerk is directed to place this Resolution and any extension or renewal for reconsideration on the City Council agenda prior to the expiration of this Resolution or any extension or renewal.
6. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance with the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 1st day of February 2022.
Mayor
ATTEST:
Chief Deputy City Clerk
APPR�ORM:
City Attorney
APPROVED AS TO CONTENT:
By:
By:
Department Director
Exhibit: SBC Health Department Health Officials AB 361 Social Distance Recommendation
Santa Barbara County
PUBICHeaItI
DEPARTMENT
Van DoReynoso, MPH, PhD 04ecmr
Suzanne Jacobson, CPA Chief Financial Officer
Palge Babon. MA. PHN. RN Oepull Olreclor
Dehln Ebenberth Deputy Director
Dena Gamble, LCSW Interim 0epuy Director
Poly BaldMn, MD, MPH Medical Director
Henning Maori MD Health Officer
Public Health Administration
300 North San Antonio Road • Santa Barbara, CA 931101316 805/681-5100 • FAX 805/681-5191
HEALTH OFFICIALS AB 361 SOCIAL DISTANCE RECOMMENDATION
Issued: September 28, 2021
COVID-19 disease prevention measures, endorsed by the Centers for Disease Control and Prevention, include vaccinations, facial coverings, increased indoor ventilation, handwashing, and physical distancing (particularly indoors).
Since March 2020, local legislative bodies -such as commissions, committees, boards, and councils- have successfully held public meetings with teleconferencing as authorized by Executive Orders issued by the Governor. Using technology to allow for virtual participation in public meetings is a social distancing measure that may help control transmission of the SARS- CoV-2 virus. Public meetings bring together many individuals (both vaccinated and potentially unvaccinated), from multiple households, in a single indoor space for an extended time. For those at increased risk for infection, or subject to an isolation or quarantine order, teleconferencing allows for full participation in public meetings, while protecting themselves and others from the COVID-19 virus.
Utilizing teleconferencing options for public meetings is an effective and recommended social distancing measure to facilitate participation in public affairs and encourage participants to protect themselves and others from the COVID-19 disease. This recommendation is further intended to satisfy the requirement of the Brown Act (specifically Gov't Code Section 54953(e)(1)(A)), which allows local legislative bodies in the County of Santa Barbara to use certain available teleconferencing options set forth in the Brown Act.
Henning\Ansorg, v1D
Public Health Officer,
County of Santa Barbara
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Van Do-Reynoso, MI4. PhD
Public Health Director
County of Santa Barbara
Healthy people, healthy community, healthy environment.
EXHIBIT A