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CITY OF SEBASTOPOL
CITY COUNCIL
AGENDA ITEM REPORT
Meeting Date: December 6, 2022
To: Honorable Mayor and Honorable City Councilmembers
From: City Administration
Subject: Resolution Authorizing Continued Use of Teleconference Meetings Based on Circumstances of the COVID-19 state of emergency and that the following circumstances exist:
a. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s subordinate Committee’s, Commission’s, and Boards to meet safely in person; and
b. The State of California and the City of Sebastopol continue to impose or recommend measures to promote social distancing.
Resolution needs to be submitted to Council every 30 days Recommendation: Approval of Resolution
Funding: Currently Budgeted: ______ Yes _______ No __X__ N/A Net General Fund Cost:
Amount: $_________________
Account Code/Costs authorized in City Approved Budget (if applicable) __AK___ (verified by Administrative Services Department) PURPOSE/INTRODUCTION:
This item requests that the City Council adopt a Resolution (Attachment 1) Affirming the City Council Actions Authorizing Continued Use of Teleconference Meetings Based on Circumstances of the COVID-19 state of emergency and that the following circumstances exist:
a. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s subordinate Committee’s, Commission’s, and Boards to meet safely in person; and b. The State of California and the City of Sebastopol continue to impose or recommend measures to promote social distancing.
Resolution needs to be submitted to Council every 30 days.
Continuation of Virtual Meetings: First Approved: September 21, 2021 Approved for Continuation:
a. October 19, 2021
b. November 16, 2021
c. December 7, 2021
d. January 4, 2022
e. February 1, 2022
f. March 1, 2022
g. March 15th 2022
h. April 5, 2022
i. May 3, 2022
j. May 17, 2022
k. June 7, 2022
l. July 5, 2022
m. August 2, 2022
n. August 31, 2022
o. September 30, 2022
p. October 18, 2022
q. November 15, 2022:
r. December 6, 2022 City Council Meeting: Proposed Approval (30 day extension requirement). s. Next Scheduled Action: January 3, 2023
Agenda Item Number: 2 Agenda Item Number: 2
City Council Meeting Packet of: December 6, 2022
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These resolutions authorize the City Manager to implement teleconferenced public meetings for all City’s Committees, Commissions, and Boards in compliance with Government Code Section 54953 and Pursuant To Assembly Bill 361 and finds that during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, the City Council and all commission and committee meetings will be held by videoconference. These Resolutions stated that the continuance of teleconference meetings, “may be extended by the adoption of subsequent resolutions as permitted pursuant to AB 361.” This item and subsequent resolutions will need to be adopted every 30 days pursuant to Government Code Section 54953 to continue teleconference meetings due to COVID-19.
Next action scheduled: Scheduled for January 3, 2023 City Council Meeting (30 extension requirement). Meeting will need to be conducted no later than January 5, 2023 to meet the 30 day extension requirement).
BACKGROUND:
The Ralph M. Brown Act (Brown Act) allows for meetings via teleconferencing subject to certain requirements, including that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. (Government Code Section 54953(b)(3)). However, to prevent the spread of COVID-19. The State of California and the City have proclaimed the existence of a State of Emergency as a result of the threat of novel coronavirus disease 2019 (COVID-19).
In an effort to reduce the spread of COVID-19 at public meetings, the Governor of California issued executive order authorizing local legislative bodies to hold public meetings via teleconferencing; these provisions expire on September 30, 2021. On September 16, 2021, the Governor signed into law Assembly Bill 361 (Stats. 2021, Ch. 165) (AB 361) which waived certain provisions of the Ralph M. Brown Act (Brown Act) in order to allow local agencies to continue to meet remotely during a state of emergency that makes it unsafe to meet in person. On November 17, 2021, California Governor Gavin Newsom has extended his state's COVID-19 state of emergency declaration through March 2022 as well as the City of Sebastopol’s Extension of Emergency Proclamation of Local Emergency (COVID-19) issued by the Director of Emergency Services.
AB 361 amends Government Code Section 54953 applicable to public meetings held by cities and counties. AB 361 provides an alternative to the teleconferencing requirements of Government Code Section 54953(b)(3), as long as a state of emergency exists and the local legislative body makes certain factual findings regarding the state of emergency, including that meeting in person would present imminent risks to the health or safety of attendees. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, AB 361 would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to AB 361, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures. The attached Resolution makes these required findings and if adopted will allow the City Council and its subordinate bodies to continue to hold public meetings by teleconference to help mitigate the spread of COVID-19.
AB 361 requires the City Council to make these findings every 30 days to continue holding teleconference hearings without members of the City Council and the public being physically present. Staff will agendize a similar action once a month until the state of emergency is over, the City Council no longer believes teleconference meetings are necessary to protect the health or safety of City Council meeting attendees, or until Government Code Section 54953 expires on January 1, 2024.
The City Council, at their September 21, 2021, October 19, 2021, November 16, 2021, December 7, 2021, January 4, 2022; February 1, 2022, March 1, 202, March 15, 2022, April 5, 2022, May 3, 2022, May 17, 2022, June 7, 2022, July 5, 2022; August 2, 2022, August 31, 2022; September 30, 2022; October 18, 2022; and November 15, 2022 Council Meetings, found the City to be in compliance with AB 361 and authorized the City Manager to Implement Teleconferenced Public Meetings For All City’s Committees, Commissions, and Boards Pursuant To Assembly Bill 361 and finds that during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, the City Council and all commission and committee meetings will be held by videoconference.
The City has already implemented the above stated requirements for conducting public meetings and is in full compliance with AB 361. There have been no changes of the currently established procedures. Teleconference accessibility via call-in option or an internet-based service option (via the Zoom platform) is listed on the published agenda for each meeting as well as on Agenda Item Number: 2
Agenda Item Number: 2
City Council Meeting Packet of: December 6, 2022
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the City’s website. The City monitors attendance via teleconference as well as email correspondence (as published on the agenda) throughout each public meeting and provides access for public comment opportunities.
The City also continues use of limited office hours, online permitting, online meetings, by appointment only meetings, as well as teleworking on a case by case basis similar to other cities.
Fully virtual meetings continue today in accordance with AB 361.
DISCUSSION:
AB 361 provides an alternative to the teleconferencing requirements of Government Code Section 54953(b)(3) as long as there is a state of emergency and the Legislative Body makes certain factual findings regarding the state of emergency. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, AB 361 would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to AB 361, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.
The Director of Emergency Services has the power “to proclaim the existence or threatened existence of a “local emergency” with council ratification of the proclamation of a “local emergency”. This ratification resides with the City Council and not Commission, Boards or Committees. The Council has established Commission, Boards and Committees, necessary for the effective accomplishment of municipal business and to help accomplish City business and make recommendations to City Council.
New variants of COVID-19 have developed, and risks of illness or death due to such variants remains significant to the general public and State and local health officials have imposed and recommended social distancing measures for the protection of public health and safety in response to COVID-19. The Sonoma County Public Health Officer continues to recommend teleconferencing or social distancing during public meetings of all legislative bodies to protect the community’s health against the spread of COVID-19.
The enclosed Resolution makes the required findings under AB 361, and if adopted, will allow the City to continue to offer teleconference accessibility for public meetings (Council and all City Commission, Board and Committees) to help mitigate the spread of COVID-19, as well as during other state-proclaimed emergencies, such as earthquakes or wildfires, where physical attendance may present a risk. The attached Resolution makes these required findings and if adopted will allow Council and all City Commission, Board and Committees to continue to hold public meetings by teleconference to help mitigate the spread of COVID-19.
On September 13, 2022, Governor Newsom signed AB 2449 into law, again amending the Brown Act procedures for meetings, effective January 1, 2023. The City currently follows the virtual meeting provisions of AB 361, which expires on January 1, 2024.
AB 361 authorizes a local agency to use teleconferencing without complying with specified teleconferencing requirements in certain circumstances when a declared state of emergency is in effect, or in other situations related to public health. AB 361 amends Government Code Section 54953 (part of the Brown Act) to provide an alternative to permitting the public to access the locations from which City Councilmembers are teleconferencing. In order to have teleconference public meetings without providing access to City Councilmember’s remote teleconference locations (typically, their private residences), the City Council must pass a resolution stating that:
1. The City Council has reconsidered the circumstances of the COVID-19 state of emergency and that any of the following circumstances exist;
2. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s subordinate bodies to meet safely in person; and/or
3. State or local officials continue to impose or recommend measures to promote social distancing.
AB 361 also includes requirements intended to ensure that the public is able to watch teleconference meetings and participate by making public comments during the meetings. These requirements are already being implemented by the City, and include:
• Public Comment Opportunities in Real Time – a legislative body that meets remotely pursuant to AB 361 must allow members of the public to access the meeting via a call-in option or an internet-based service option, and the agenda for the remote meeting must provide an opportunity for members of the public to directly address Agenda Item Number: 2
Agenda Item Number: 2
City Council Meeting Packet of: December 6, 2022
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the body in real time. A legislative body cannot require public comments to be submitted in advance of the meeting.
• No Action During Disruptions – in the event of a disruption that prevents the local agency from broadcasting the remote meeting, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, AB 361 prohibits the legislative body from taking any further action on items appearing on the meeting agenda until public access is restored.
• Periodic Findings – Government Code § 54953(e)(B) requires the legislative body to hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risk to the health or safety of attendees. • Providing notice of the means by which members of the public may access teleconference meetings and offer public comment, including providing an opportunity for all persons to attend via a call-in option or an internetbased service option. • Prohibiting the legislative body from closing the public comment period until the public comment period has lapsed or until a reasonable amount of time has elapsed.
The City has already implemented the above stated requirements for conducting public meetings and is in full compliance with AB 361.
The Sonoma County Health Officer is recommending social distancing, and the City has implemented the Health Officer’s orders by:
• Encouraging social distancing
• Posting COVID-19 safety measures on the City’s social media pages; • Limiting the hours that the public may enter City Buildings; • Placing hand sanitizer stations in City Hall and all City offices; and • Closure of City Hall to the public with limited appointments; • Continuation of Teleworking on Case by Case Basis
• Providing on line services to allow the public to access City services, including obtaining permits, online rather than in person.
Staff will continue to agendize this item once a month per AB 361 or until the state of emergency is over or City Council no longer believes teleconference meetings are necessary and there are no circumstances of state of emergency that would directly impact the ability of the members of City Council and the members of the City’s subordinate Committee’s, Commission’s, and Boards to meet safely in person or until Government Code Section 54953 expires on January 1, 2024.
An agenda item discussing recent Bills related to the Brown Act and teleconferencing will return to a future City Council Meeting (tentatively scheduled for January 17, 2023) for direction to staff regarding future City Council meetings (In person or Hybrid).
Returning to meeting in the Council Chambers or smaller conference rooms means being in an enclosed space for meetings that commonly last for one to five hours and would seem to create additional exposure for participants to a possible transmission of the virus. As of the writing of this report, the City has conducted a walk through with the Community Center for potential in person or hybrid meetings. City staff has been working with the Community Center regarding use of the Youth Annex. The Community Center has had and continues to have the opportunity to rent the Youth Annex. Due to the continuation of AB 361 the City has determined it is in the best interest of the City and Community Center to allow the Community Center to rent out the rooms at the Youth Annex on the Tuesdays normally reserved for the City through December 2022. The City and Community Center are in constant contact with each other and will review use of the Youth Annex if the City determines a specific date for in person or hybrid meetings. It is recommended that the City continue use of AB 361 for virtual meeting format until further notice.
Also, in consideration of the new norm, City Administration will continue to review limited office hours and continuation of teleworking on a case by case basis and will continue to provide updated information to the City Council.
CITY COUNCIL AND/OR GENERAL PLAN GOALS:
Goal 5: Provide Open and Responsive Municipal Government Leadership
5.3.3. Encourage and increase public awareness of City Policies, decisions, programs and all public processes and meetings, by investigating effective methods of communication and obtaining feedback from the community.
Agenda Item Number: 2
Agenda Item Number: 2
City Council Meeting Packet of: December 6, 2022
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Goal 6: Maintain a highly qualified Staff that works to provide services to serve and protect the residents, visitors and business of this community.
Action CHW 5c: Practice an open-door policy in City programs, and actively engage and encourage participation from all individuals regardless of ethnicity, race, religion, class, disability, sexual orientation, and gender.
Goal CIR 5: Reduce Vehicle Miles Traveled (VMT) in Order to Reduce Congestion and Help Achieve Regional Efforts to Reduce Greenhouse Gas (GHG) Emissions
ENVIRONMENTAL REVIEW
The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a resolution making required findings and authorizing the City Manager to implement teleconferenced public meetings for the City Council and all City subordinate bodies pursuant to Assembly Bill 361 does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. and is exempt pursuant to Section 15269(c) of the CEQA Guidelines, as specific actions necessary to prevent or mitigate an emergency.
PUBLIC COMMENT:
As of the writing of this staff report, the City has not received any public comment. However, if staff receives public comment from interested parties following the publication and distribution of this staff report such comments will be provided to the City Council as supplemental materials before or at the meeting. In addition, public comments may be offered during the public comment portion of this item.
PUBLIC NOTICE:
This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to schedule meeting date.
FISCAL IMPACT:
There is no cost associated with this item tonight.
RECOMMENDATION:
Staff is requesting City Council adopt a Resolution (Attachment 1) Affirming the City Council Action of September 21, 2021; October 19, 2021; November 16, 2021, December 7, 2021; January 4, 2022; February 1, 2022; March 1st 2022, March 15th 2022, April 5th 2022, May 3rd, 2022, May 17, 2022, June 7, 2022, July 5, 2022, August 2, 2022; August 31, 2022; September 30, 2022; October 18, 2022; and November 15, 2022 - Compliance with AB 361; and Authorizing the City Manager To Continue to Implement Teleconferenced Public Meetings For All City’s Committees, Commissions, and Boards Pursuant To Assembly Bill 361 and finds that during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, the City Council and all commission and committee meetings will be held by videoconference.
Attachment:
Resolution Continuing Use of Virtual City Meetings
Agenda Item Number: 2
Agenda Item Number: 2
City Council Meeting Packet of: December 6, 2022
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Resolution Number XXXX-2022
RESOLUTION AUTHORIZING THE CITY MANAGER TO CONTINUE TO IMPLEMENT TELECONFERENCED PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361
WHEREAS, COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease which was first detected in China and has now spread across the globe, with multiple confirmed cases in California, including the City of Sebastopol; and
WHEREAS, on January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency based on the threat caused by COVID-19, and the President of the United States issued a Proclamation Declaring a National Emergency Concerning COVID-19 beginning March 1, 2020; and WHEREAS, in response to COVID-19, the Governor of the State of California issued a Proclamation of a State of Emergency on in response to COVID-19 on March 4, 2020; and WHEREAS, the California Emergency Services Act (California Government Code sections 8630, 8550 et seq.) empowers the City Council to designate by ordinance a local official with the power to proclaim the existence of a local emergency when the City Council is not in session so long as such proclamation is ratified by the City Council within seven days; and
WHEREAS, Section 2.36.050 of the Sebastopol Municipal Code identifies the Fire Chief as the Director of Emergency Services; and
WHEREAS, based on said Novel Coronavirus COVID-19 Global Pandemic, the Fire Chief, Acting as Director of Emergency Services, of the City of Sebastopol declared the existence of a local emergency within the City on March 12, 2020; and
WHEREAS, the City Council ratified that Proclamation on March 17, 2020; and WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20, which suspended and modified the teleconferencing requirements under the Brown Act (California Government Code Section 54950 et seq.) so that legislative bodies can hold public meetings via teleconference (with audio or video communications, without a physical meeting location), as long as the meeting agenda identifies the teleconferencing procedures to be used; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which extended the provision of N-29-20 concerning the conduct of public meetings through September 30, 2021; and WHEREAS, California Assembly Bill 361 was signed into law on September 16, 2021 and amended Government Code Section 54953; and
WHEREAS, on November 17, 2021, California Governor Gavin Newsom has extended his state's COVID-19 state of emergency declaration through March 2022 as well as the City of Sebastopol’s Extension of Emergency Proclamation of Local Emergency (COVID-19) issued by the Director of Emergency Services; and WHEREAS, On October 19, 2021, the City of Sebastopol City Council adopted Resolution 6380-2021, Resolution Authorizing the City Manager To Direct Continued Use of Teleconferenced Public Meetings For All City’s Committees, Commissions, and Boards Pursuant To Assembly Bill 361; and Agenda Item Number: 2
Agenda Item Number: 2
City Council Meeting Packet of: December 6, 2022
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WHEREAS, On November 16, 2021, the City of Sebastopol City Council adopted Resolution 6383-2021, Resolution Authorizing the City Manager To Direct Continued Use of Teleconferenced Public Meetings For All City’s Committees, Commissions, and Boards Pursuant To Assembly Bill 361; and WHEREAS, On December 7, 2021, the City of Sebastopol City Council adopted Resolution 6387-2021, Resolution Authorizing the City Manager To Direct Continued Use of Teleconferenced Public Meetings For All City’s Committees, Commissions, and Boards Pursuant To Assembly Bill 361; and WHEREAS, On January 4, 2022, the City of Sebastopol City Council adopted Resolution 6394-2022, Resolution Authorizing the City Manager To Direct Continued Use of Teleconferenced Public Meetings For All City’s Committees, Commissions, and Boards Pursuant To Assembly Bill 361; and WHEREAS, On February 1, 2022, the City of Sebastopol City Council adopted Resolution 6398-2022, Resolution Authorizing the City Manager To Direct Continued Use of Teleconferenced Public Meetings For All City’s Committees, Commissions, and Boards Pursuant To Assembly Bill 361; and Whereas, On March 1, 2022, the City of Sebastopol City Council adopted Resolution 6407-2022, Resolution Authorizing the City Manager To Direct Continued Use of Teleconferenced Public Meetings For All City’s Committees, Commissions, and Boards Pursuant To Assembly Bill 361; and Whereas, On March 15, 2022, the City of Sebastopol City Council adopted Resolution 6415-2022, Resolution Authorizing the City Manager To Direct Continued Use of Teleconferenced Public Meetings For All City’s Committees, Commissions, and Boards Pursuant To Assembly Bill 361; and Whereas, On April 5, 2022, the City of Sebastopol City Council adopted Resolution 6417-2022, Resolution Authorizing the City Manager To Direct Continued Use of Teleconferenced Public Meetings For All City’s Committees, Commissions, and Boards Pursuant To Assembly Bill 361; and Whereas, On May 3, 2022, the City of Sebastopol City Council adopted Resolution 6429-2022, Resolution Authorizing the City Manager To Direct Continued Use of Teleconferenced Public Meetings For All City’s Committees, Commissions, and Boards Pursuant To Assembly Bill 361; and Whereas, On May 17, 2022, the City of Sebastopol City Council adopted Resolution 6430-2022, Resolution Authorizing the City Manager To Direct Continued Use of Teleconferenced Public Meetings For All City’s Committees, Commissions, and Boards Pursuant To Assembly Bill 361; and Whereas, On June 7, 2022, the City of Sebastopol City Council adopted Resolution 6433-2022, Resolution Authorizing the City Manager To Direct Continued Use of Teleconferenced Public Meetings For All City’s Committees, Commissions, and Boards Pursuant To Assembly Bill 361; and Whereas, On July 5, 2022, the City of Sebastopol City Council adopted Resolution 6448-2022, Resolution Authorizing the City Manager To Direct Continued Use of Teleconferenced Public Meetings For All City’s Committees, Commissions, and Boards Pursuant To Assembly Bill 361; and Whereas, On August 2, 2022, the City of Sebastopol City Council adopted Resolution 6463-2022, Resolution Authorizing the City Manager To Direct Continued Use of Teleconferenced Public Meetings For All City’s Committees, Commissions, and Boards Pursuant To Assembly Bill 361; and Agenda Item Number: 2
Agenda Item Number: 2
City Council Meeting Packet of: December 6, 2022
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Whereas, On August 31, 2022, the City of Sebastopol City Council adopted Resolution 6471-2022, Resolution Authorizing the City Manager To Direct Continued Use of Teleconferenced Public Meetings For All City’s Committees, Commissions, and Boards Pursuant To Assembly Bill 361; and Whereas, On September 30, 2022, the City of Sebastopol City Council adopted Resolution 6476-2022, Resolution Authorizing the City Manager To Direct Continued Use of Teleconferenced Public Meetings For All City’s Committees, Commissions, and Boards Pursuant To Assembly Bill 361; and Whereas, On October 18, 2022, the City of Sebastopol City Council adopted Resolution 6481-2022, Resolution Authorizing the City Manager To Direct Continued Use of Teleconferenced Public Meetings For All City’s Committees, Commissions, and Boards Pursuant To Assembly Bill 361; and Whereas, On November 15, 2022, the City of Sebastopol City Council adopted Resolution 6488-2022, Resolution Authorizing the City Manager To Direct Continued Use of Teleconferenced Public Meetings For All City’s Committees, Commissions, and Boards Pursuant To Assembly Bill 361; and WHEREAS, AB 361 has several requirements to make sure that the public is able to watch and make public comments during the teleconferenced public meetings, including:
• Meeting notices shall be published and agendas posted in accordance with the Brown Act. • All members of the public shall be provided an opportunity to attend the meeting and provide public comment via a call-in option or an internet-based service option. • The opportunity to attend the meeting and provide public comment must be in real time. • Notice of the means by which members of the public may access the meeting and offer public comment must be included in every meeting notice given and every agenda posted. • In the event of a disruption in the broadcast of the meeting or a disruption within the local agency’s control that prevents members of the public from offering public comments via a call-in or internetbased service option, the legislative body shall take no further action until public access via call-in or internet-based service is restored.
• The legislative body must provide reasonable time for members of the public to provide public comment, including time for members of the public to register with a third party internet website or online platform as needed.
WHEREAS, the City is already implementing the above public meeting requirements now codified in Government Code Section 54953(e)(2)(B-G); and
WHEREAS, Government Code Section 54953(b)(3) permits public meetings by teleconference but requires agendas be posted at all teleconference locations, each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public; and WHEREAS, Government Code Section 54953(e)(3)(A-B) provides an alternative to having public meetings in accordance with Government Code Section 54953(b)(3) when:
1. The City Council has reconsidered the circumstances of the COVID-19 state of emergency and that any of the following circumstances exist;
2. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City's subordinate bodies to meet safely in person; and/or
3. State or local officials continue to impose or recommend measures to promote social distancing.
WHEREAS, Sebastopol remains under State, County and City declarations of emergency due to the continuing COVID-19 pandemic; and
Agenda Item Number: 2
Agenda Item Number: 2
City Council Meeting Packet of: December 6, 2022
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WHEREAS, pursuant to Government Code Section 54953(f), Government Code Section 54953 remains in effect until January 1, 2024; and
WHEREAS, the City is continuing to monitor Assembly Bill 1944 and Assembly Bill 2449; and The Sonoma County Health Officer is recommending social distancing, and the City has implemented the Health Officer’s orders by:
• Encouraging social distancing
• Posting COVID-19 safety measures on the City’s social media pages; • Limiting the hours that the public may enter City Buildings; • Placing hand sanitizer stations in City Hall and all City offices; and • Closure of City Hall to the public with limited appointments; • Continuation of Teleworking on Case by Case Basis
• Providing on line services to allow the public to access City services, including obtaining permits, online rather than in person.
WHEREAS, the COVID-19 pandemic continues to threaten public health and safety as new outbreaks occur, new variants present new dangers, and infections continue to spread, despite strong state and local public health efforts; and
WHEREAS, Returning to meeting in the Council Chambers or smaller conference rooms means being in an enclosed space for meetings that commonly last for one to five hours and would seem to create additional exposure for participants to a possible transmission of the virus. However, with restrictions easing, City staff is continuing to work with the Sebastopol Community Cultural Center (SCCC) to provide information to the City Council for a future Council continued discussion of in person or hybrid meetings; and WHEREAS, the public health threats from COVID-19 continue to directly impact the ability of the members of the legislative body to meet safely in person; and
WHEREAS, City Council has established numerous Commission, Boards and Committees to help accomplish City business and make recommendations to City Council; and
WHEREAS, the Council and the City’s boards, commissions and committees have complied with the above requirements when conducting public meetings by teleconference during the COVID-19 pandemic, and are committed to maintaining that compliance; and
WHEREAS, the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution authorizing the City Manager to conduct teleconferenced public meetings for all the City’s Committees, Commissions, and Boards does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. and is exempt pursuant to Section 15269(c) of the CEQA Guidelines, as specific actions necessary to prevent or mitigate an emergency; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Sebastopol hereby:
Agenda Item Number: 2
Agenda Item Number: 2
City Council Meeting Packet of: December 6, 2022
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1. Declares that the above recitals are true and correct and are incorporated into this resolution as findings of the City Council.
2. Finds that proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution authorizing the City Manager to conduct teleconferenced public meetings for all the City’s Committees, Commissions, and Boards does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. and is exempt pursuant to Section 15269(c) of the CEQA Guidelines, as specific actions necessary to prevent or mitigate an emergency
3. Finds that City Council has reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:
a. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s Commission’s, Boards and Committees to meet safely in person; and
b. The State of California and the City of Sebastopol continue to impose or recommend measures to promote social distancing.
c. The state of local emergency continues to directly impact the ability of the City Council and its Commissions, Boards and Committees as well as staff and members of the public, from meeting safely in person; and
d. The City cannot maintain social distancing for the Councilmembers, Commissioners, staff and public in the meeting spaces.
e. The federal government, the State of California and the Sonoma County Health Officer continue to impose or recommend measures to promote social distancing.
4. Finds and declares that City Council has reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:
• The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s subordinate bodies to meet safely in person; and
• State and local officials continue to impose or recommend measures to promote social distancing;
5. Authorizes and directs the City Manager, based on the above findings, to implement teleconferenced public meetings for the City Council and all City subordinate bodies in accordance with the requirements Assembly Bill 361; City Council and All City’s Committees, Commissions, and Boards meetings will continue to be conducted remotely for the next 30 days in compliance with AB 361, in order to better ensure the health and safety of the public.
6. Directs the City Manager to return to the City Council within 30 days so that the Council may update its findings and determinations pursuant to Government Code Section 54953(e)(3) and authorize continued teleconferenced meetings of the City Council and City subordinate bodies in accordance with the requirements of AB 361 while the state of emergency as a result of COVID19 continues to directly impact the ability of the members of the City Council and the members of the City’s subordinate bodies to meet safely in person Agenda Item Number: 2
Agenda Item Number: 2
City Council Meeting Packet of: December 6, 2022
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7. If any section, subsection, sentence, clause, phrase or word of this resolution is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this resolution; the City Council hereby declares that it would have passed and adopted this resolution and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid.
This Resolution shall become effective immediately but directs staff to agendize this Resolution within 30 days for City Council to reconsider the circumstances of the state of emergency and findings of provision 3.
PASSED AND ADOPTED, by the CITY COUNCIL of THE CITY OF SEBASTOPOL, COUNTY OF SONOMA, of STATE OF CALIFORNIA on this 6th day of December 2022.
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by City of Sebastopol City Council following a roll call vote:
VOTE:
Ayes:
Noes:
Absent:
Abstain:
APPROVED: Mayor Patrick Slayter
ATTEST: Mary Gourley, Assistant City Manager/City Clerk, MMC APPROVED AS TO FORM: Larry McLaughlin, City Attorney
Agenda Item Number: 2
Agenda Item Number: 2
City Council Meeting Packet of: December 6, 2022