AGENDA ITEM NO.
Consent (5)
CITY OF SIMI VALLEY
MEMORANDUM
May 9, 2022
TO: City Council
FROM: Office of the City Manager
SUBJECT: CONSIDERATION OF A RESOLUTION IMPLEMENTING THE PROVISIONS OF AB 361
STAFF RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2022-21 for continued implemention of the provisions of AB 361.
BACKGROUND AND OVERVIEW
On March 12, 2020, the County of Ventura Public Health Department declared a local health emergency in response to increased spread of novel coronavirus (COVID-19) across the country. Subsequently, on March 13, 2020, the Director of Emergency Services/City Manager declared the existence of a local emergency.
Such local emergency was co nfirmed by the City Council on March 16, 2020, through the adoption of Resolution No. 2020 -19. Since that time, COVID -19 has adversely affected Ventura County and the Simi Valley community. The Governor has extended the State of Emergency through June 30, 2022.
FINDINGS AND ALTERNATIVES
The COVID-19 outbreak caused serious disruption to the public’s activities, including sustained impacts to the public health, education, and economy of California and the United States.
In Ventura County , as of April 25, 2022, 619,054 residents are fully vaccinated which represents 83.8% of the population 5 years of age and over . Of the fully vaccin ated population, approximately 40,558 persons have tested positive for COVI D-19 and are breakthrough cases. For Simi Valley, since the beginning of COVID -19, 1 in 5 persons have tested positive, ranking the City 4th among the ten Ventura County cities (tied with 3 other cities) and accounting for 14.2% of positive cases.
As a result of the 2021 legislative session, the Governor signed AB 361. AB 361 authorizes local agencies to continue meeting remotely without following the Brown Act’s usual teleconferencing provisions, if the meeting is held during a state of emergency 2 proclaimed by the Governor and either of the following applies: (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body has already determined or is determining whether - as a result of the emergency - meeting in person would present im minent risks to the health or safety of attendees.
Further, AB 361 adds new procedures and clarifies the requirements for conducting remote meetings, including the following:
• 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 the body in real time. A legislative body cannot require public comments to be submitted in advance of the meeting or that public speakers need to pre-register.
• 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 to the meeting via the call -in or internet - based options is restored.
In order to implement the provisions of AB 361 and have the “remote” option available should circumstances arise , staff recommends the City Council adopt a resolution as required by the legislation.
Staff has prepared a Resolution (page 4) for the implementation of AB 361.
The following alternatives are available to the City Council:
1. Adopt Resolution No. 2022-21 implementing the provisions of AB 361;
2. Do not adopt the attached Resolution, and provide alternative direction to staff;
3. Provide alternative direction to staff.
Staff recommends Alternative Nos. 1.
SUGGESTED CITY COUNCIL MOTION
I move to adopt Resolution No. 2022-21 implementing the provisions of AB 361.
3 SUMMARY
O
n March 12, 2020 , the County of Ventura Public Health Department (“Public Health”) declared a local health emergency (“LHE”) in response to increased spread of novel coronavirus (COVID-19) across the country. A Resolution proclaiming a local emergency as approved by the City Council on March 16, 2020, which also provides certain powers and immunities to the City that will assist in addressing the COVID -19 emergency. AB 361 authorizes local agencies to continue meeting remotely without following the Brown Act’s usual teleconferencing provisions if the meeting is held during a state of emergency proclaimed by the Governor and certain conditions apply. Staff recommends the City Council adopt a Resolution allowing for remote meetings. ___
______________________
Brian P. Gabler
City Manager
INDEX Page
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esolution No. 2022-21 – Allowing for Remote Meetings……………………….4
RESOLUTION NO. 2022-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY CONFIRMING THE EXISTENCE OF A LOCAL
EMERGENCY AND AUTHORIZING REMOTE
TELECONFERENCE MEETINGS OF THE LEGISLATIVE
BODIES OF THE CITY OF SIMI VALLEY PURSUANT TO
BROWN ACT PROVISIONS
WHEREAS, Pursuant to California Government Code section 54954, a meeting of the City Council of the City of Simi Valley was properly noticed and convened; and,
WHEREAS, California Government Code section 8630 empowers the City Council to proclaim the existence or threatened existence of a Local Emergency when the City is affected or likely to be affected by a public calamity; and,
WHEREAS, pursuant to Section 4-5.01 et seq. of the Simi Valley’s Municipal Code, the Dire ctor of Emergency Services (“DES”) declared the existence of a Local Emergency, and requested that the City ratify and proclaim the same; and,
WHEREAS, the City Council, on March 16, 2020, in a Special Meeting, ratified the DES’s declaration of a Local Emergency and further proclaimed the same, finding that conditions of extreme peril and a crippling disaster which severely im pairs the safety of persons or property had arisen within the City caused by the virus, COVID -19 and its rapid transmission as reported by the various local, state and national health organizations; and
WHEREAS, the Governor of the State of California, on March 4, 2020, by Executive Order, proclaimed the existence of a State of Emergency; and
WHEREAS, the City of Simi Valley is committed to preserving and nurturing public access and participation in meetings of the City Council and other City bodies; and
WHEREAS, all meetings of the City of Simi Valley’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Gov. Code sections 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, Government Code section 54953(e) of the Brown Act makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
4 RES. NO. 2022-21
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and
WHEREAS, such conditions now exist in the City, specifically, a State of Emergency has been proclaimed by the Governor of the State of California on March 4, 2020, by Executive Order and such State of Emergency has continued; and WHEREAS, the Health Officer of the County of Ventura has strongly recommended that physical/social distancing measures continue to be practiced throughout Ventura County communities to minimize the spread of COVID-19; and WHEREAS, the City Council does hereby find that the continued presence of the COVID-19 virus has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and desires to proclaim a local emergency and ratify the proclamation of state of emergency by the Governor of the State of California; and WHEREAS, as a consequence of the local emergency, the City Council does hereby find that the legislative bodies of City of Simi Valley shall be able to conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and WHEREAS, when remote meetings are utilized, the public and presenters can participate in meetings of legislative bodies of the City of Simi Valley through internet - based Zoom meetings by signifying that a person wishes to address the legislative body, or by such other methods described in noticed meeting agendas, as authorized by Government Code section 54953 (e) (2).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1
. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
SECTION 2. The City Council of the C ity of Simi Valley hereby proclaims that a local emergency exists throughout the City, and that meeting in person could present imminent risk.
5 RES. NO. 2022-21
SECTION 3 . The City Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.
SECTION 4 . The City Manager/Director of Emergency Services and legislative bodies of the City of Simi Valley are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
SECTION 5. This Resolution shall take effect immediately upon its adoption and shall be effective until such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Simi Valley may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED and ADOPTED this 9th day of May 2022.
Attest:
Lucy Blanco, City Clerk Keith Mashburn, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
David L. Caceres, City Attorney Brian Paul Gabler, City Manager
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