T-DPS-160093.002.001/58358 1
Council Agenda: 10-26-2021
Item No.: 1.J.
RESOLUTION NO. 1089-21
A RESOLUTION OF THE CO UNCIL OF THE CITY OF
SUNNYVALE MAKING FIND INGS PURSUANT TO
GOVERNMENT CODE SUBDIVISION 54953(E) (AB 361) TO
CONTINUE VIRTUAL PUBLIC MEETINGS FOR THE CITY
COUNCIL AND BOARDS, COMM ISSIONS AND COUNCIL
SUBCOMMITTEES DURING THE COVID-19 STATE OF
EMERGENCY
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 mee ting and at least 24 hours prior to a special meeting; and
WHEREAS, the Brown Act allows a local le gislative 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 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 wi ll 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 June 11, 2021, th e Governor issued Executive Order N-08-21, which sunsets 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 which allows a local ag ency to use teleconferencing for p ublic meetings without posting the teleconferencing locations on the agenda and without re quiring the teleconference locations to be accessible to the public during a Governor-procla imed state of emergency pursuant to California Government Code Section 8625 et seq, if the stat e of emergency continues to directly impact the ability of the members of it s legislative bodies to meet safely in person or state or local officials continue to impose or recommend measures to promote social distancing; and
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T-DPS-160093.002.001/58358 2
Council Agenda: 10-26-2021
Item No.: 1.J.
WHEREAS, the City Counc il has made findings, beginni ng on March 17, 2020 and continuing every 60 days thereafter, most recently by Resolution No. 1078-21 adopted on August 31, 2021, for the continued proclamation of local emergency based on substantial evidence that the public interest and necessity require th e continuance of the proclamation of local emergency related to COVID-19; and
WHEREAS, beginning with the March 31, 20 20 Council meeting, the City has conducted public meetings utilizing teleconferencing technology to provide for members of the public, staff, and public officials to participate without providing for in-person participation, and on August 10, 2021, the City Council provided the dir ection regarding the format of future public meetings, including continuing virtual-only meetings as long as this model is allowable; and
WHEREAS, on August 2, 2021, due to th e 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, federal, state and local health officials are considering the appropriateness of third booster shots for vaccinated individuals in light of waning immunity to COVID-19; and
WHEREAS, Government Code S ection 54953(e)(3) requires that the City Council review the need and make findings for contin uing the teleconferencing without complying with the agenda posting and public comment requirements at leas t once every thirty (30) days until Governor terminates the state of emergency; and
WHEREAS, the associated emerge ncy 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 October 28, 2021 unless staff returns to City Council on or before October 28, 2021 to request to continue the need for teleconferencing; and
WHEREAS, the City Council establishes the bylaws for C ouncil-appointed Boards and Commissions through the adoption of City Council Policy 7.2.9 (Boards and Commissions), which includes provisions related to holding public meetings in compliance with the Brown Act; and
WHEREAS, Boards and Commissions do not have authority under City Council Policy 7.2.9 (Boards and Commissions) to establish their own ru les for meeting locations, schedule, or use of teleconferencing, but rather these policies are established by the City Council for all Boards and Commissions.
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T-DPS-160093.002.001/58358 3
Council Agenda: 10-26-2021
Item No.: 1.J.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE THAT:
1. The City Council hereby finds that the state of em ergency conditions related to COVID-19, as set forth in Resolution No. 1078-21 adopted on August 31, 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 tel econferencing locations on the ag enda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency.
3. The City Council finds th at the state of emergency continues to directly impact the ability of members of the C ity Council, Council Standing Co mmittees, and City Boards and Commissions to meet safely in person.
4. City officials continue to impose or r ecommend measures to promote social distancing in City facilities.
5. Members of the City Council, Council Standing Committees and City Boards and Commission are authorized to use teleconferencing, or other el ectronic means, to hold its public meetings without noticing the teleconferenced locations on the agenda, without making teleconferenced or physical lo cations 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 q uorum 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 wh ich the public may participate electronically, and lists the pr ocedure for individuals with di sabilities to request reasonable accommodations, in compliance with AB 361, Government Code Section 54953(e).
6. The City Clerk is hereby directed to re port to the City Council within thirty (30) days on the need to further continue teleconferencing for public meet ings 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.
Attachment 1
T-DPS-160093.002.001/58358 4
Council Agenda: 10-26-2021
Item No.: 1.J.
Adopted by the City Council at a regu lar meeting held on October 26, 2021, by the following vote:
AYES: KLEIN, HENDRICKS, LARSSON, MELTON, FONG, CISNEROS, DIN NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
RECUSAL: NONE
ATTEST: APPROVED:
__________________________________ _________________________________
DAVID CARNAHAN
Cit
y Clerk
LARRY KLEIN
Ma
yor
(SEAL)
APPROVED AS TO FORM:
___________________________________
JOHN A. NAGEL
City Attorney
Attachment 1