NOTICE AND AGENDA
CITY OF UNION CITY
CITY COUNCIL /
SPECIAL MEETING
Tuesday, August 23, 2022
5:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
1.a. Roll Call
2. ORAL COMMUNICATIONS - Comments limited to items on the Special Meeting Agenda
3. CONSENT CALENDAR
3.a. Adopt a Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote
Teleconferenced Meetings of the Legislative Bodies of the City of Union City for the 30 Day Period Beginning August 9
Pursuant to AB 361 and Adopt a Resolution Confirming the Continued Existence of a Local Emergency Due to COVID-19 This action is not related to the Strategic Plan as it is in response to the COVID-19 pandemic.
4. ADJOURNMENT
/s/ Carol Dutra-Vernaci
Carol Dutra Vernaci
Mayor
Agenda Item
DATE: 8/23/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRIS KOKOTAYLO, CITYATTORNEY
SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY FINDING THAT THERE IS A PROCLAIMED STATE OF EMERGENCY;
FINDING THAT MEETING IN PERSON WOULD PRESENT IMMINENT RISKS
TO THE HEALTH OR SAFETY OF ATTENDEES AS A RESULT OF THE STATE OF EMERGENCY; AND AUTHORIZING REMOTE TELECONFERENCED
MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF UNION CITY FOR THE 30 DAY PERIOD BEGINNING AUGUST 23 PURSUANT TO AB 361 Staff recommends that the City Council adopt a resolution to continue conducting City Council and all other City Council appointed Board and Commission meetings remotely due to health and safety concerns for the public and making related findings in compliance with AB 361 (2021). Additionally, staff recommends that the City Councilconfirm the continued existence of the localemergency.
On May 24, 2022, the City Council made the necessary findings pursuant to AB 361 to continue to conduct virtual meetings. AB 361 requires that the City Council revisit the need to continue conducting virtual meetings every 30 days. Staff and the City Attorney recommend that the City Council adopt a resolution making the necessary findings pursuant to AB 361 to continue conducting virtual meetings. Absent further action of the City Council, the City's legislative bodies would need to continue in-person meetings 30 days after August 9, 2022.
The City Council ratified a proclamation of localemergency on March 16, 2020 as a result of the COVID-19 pandemic. The City Councilconfirmed the continued existence of the localemergency due to the COVID-19 pandemic in accordance with state law on May 12, 2020, June 23, 2020, August 11, 2020, September 22, 2020, November 10, 2020, December 22, 2021, February 9, 2021, March 23, 2021, May 11, 2021, June 22, 2021, August 10, 2021, September 28, 2021, November 23, 2021, and January 11, 2022, March 8, 2022, April 26, 2022, June 14, 2022, July 12, 2022, and August 9, 2022. City staff and the City Attorney recommend that the City Councilconfirm the continued existence of the localemergency.
BACKGROUND
Assembly Bill 361
On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State address the broader spread of COVID 19.
On March 16, 2020, the City Council adopted a Resolution ratifying the proclamation of a local state of emergency by the Director of Emergency Services due to COVID-19.
On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N29-20, which suspended certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home.
The City has established virtual meetings for all City Council and City Council appointed Board and Commission meetings. The virtual meetings have allowed the Council and advisory bodies to continue to conduct City business from remote locations while ensuring the public’s continued access to government meetings in a safe manner.
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things, rescinded certain clauses of Executive Order N-29-20 after September 30, 2021, including clauses that suspended certain provisions of the Brown Act. Thus, effective October 1, 2021, agencies would have had to transition back to public meetings held in fullcompliance with the Brown Act.
Since the Governor issued Executive Order N-08-21, the highly contagious Delta and Omicron variants have emerged, causing a spike in cases throughout the state and within the Alameda County. A highly contagious Omicron sub-variant has also emerged.
On September 16, 2021, the Governor signed AB 361 (2021) which allows for local legislative and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the Council make specified findings. AB 361 took effect immediately.
The City Counciladopted a resolution pursuant to AB 361 on September 28, 2021 in order to allow the City’s legislative bodies to continue conducting virtual meetings after September 30, 2021. The resolution included all of the necessary findings required pursuant to AB 361. The City has continued to adopt resolutions making the necessary findings to continue operating virtually since that time.
Confirming Continued Existence of a Local Emergency
On March 16, 2020, the City Manager, acting as Director of Emergency Services, proclaimed a local emergency pursuant to California Government Code Section 8630 and Union City Municipal Code Chapter 2.28. The emergency declaration was based on conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of novel coronavirus 2019 ("COVID-19"), including confirmed cases in Alameda County. On that same day, the City Council adopted a resolution ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services.
On May 12, 2020, the City Council adopted a resolution confirming the continued existence of the local emergency due to the COVID-19 pandemic. Subsequently, on June 23, 2020, August 11, 2020, September 22, 2020, November 10, 2020, December 22, 2020, February 9, 2021, March 23, 2021, May 11, 2021, June 22, 2021, August 10, 2021, September 28, 2021, November 23, 2021, January 11, 2022, March 8, 2022, April 26, 2022, June 14, 2022, July 12, 2022, and August 9, 2022 the City Council adopted resolutions confirming the continued existence of the localemergency.
DISCUSSION
AB 361
The California Legislature approved AB 361 and the Governor signed the bill into law on September 16, 2021.
AB 361 allows local legislative bodies to continue to meet remotely after the expiration of the clauses of Executive Order N-29-20 which suspended certain Brown Act provisions. Under AB 361, the City and its legislative bodies will be allowed to continue to meet remotely when:
The local agency holds a meeting during a declared state of emergency; State or local health officials have imposed or recommended measures to promote social distancing; Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees.
The City meets the requirements to continue holding meetings remotely in order to ensure the health and safety of the public:
The Governor has declared a State of Emergency, and the City Council has ratified the proclamation of a local emergency by the Director of Emergency Services;
County Health orders require that individuals in indoor public spaces wear masks and the CDC recommends social distancing of at least six feet due to COVID-19; The Delta and Omicron variants of COVID-19 has resulted in a significant increase of COVID-19 cases within the state and throughout Alameda County;
Meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies, and staff.
AB 361 has been signed into law. Therefore, the City Council is required to declare every 30 days that the City’s legislative bodies must continue to meet remotely in order to ensure the health and safety of the public.
The City Council has previously acted to make continued findings pursuant to AB 361.
The proposed resolution includes the necessary findings pursuant to AB 361 to allow the City Counciland the City’s legislative bodies to continue meeting remotely.
Continued Emergency
Pursuant to Government Code Section 8630, the City Council must review and confirm the continued existence of a local emergency at least once every sixty (60) days. This Resolution comes to the City Council prior to the expiration of sixty (60) days from the previous confirmation of local emergency to ensure there is no interruption in the declaration of the continued localemergency.
The conditions that prompted the original declaration of a local emergency persist and health officials are still learning more information regarding the nature of COVID-19 and how it is transmitted. Community transmission of COVID-19 continues to occur, and the number of cases within Alameda County is still high.
There are now 337,776 cases within the County, and 1,993 deaths (as of August 17, 2022). The spread of COVID-19 continues as a result of the highly contagious Delta and Omicron variants of the virus. While the Alameda County Health Officer shelter in place order requiring that all residents shelter at home has been rescinded, public health and safety concerns for persons and property within the City as a consequence of the global spread of COVID-19 continue to exist.
Declaring a state of emergency provides local governments with the power necessary to coordinate and implement plans aimed at protecting the community and property during a disaster. For example, a declaration of emergency is often necessary to secure mutual disaster aid from local, state and federal agencies. A declaration of emergency also permits the Director of Emergency Services to promulgate orders and regulations necessary for the protection of life and property, such as imposing a curfew and ordering use of facilities for governmental purposes. Additionally, declaring a state of emergency ensures that the local government and its officials and employees are immune from liability when exercising their official duties during an emergency.
If adopted, the declaration of emergency will continue to remain in place until the emergency conditions have ended. However, the City Council will be required to continue to review the declaration at least every 60 days.
FISCAL IMPACT
This is no fiscal impact of adopting this Resolution.
RECOMMENDATION
Staff recommends that the City Council adopt resolutions to continue the declaration of emergency and make the necessary findings to continue conducting City Council and all other City Council appointed Board and Commission meetings remotely due to health and safety concerns for the public in compliance with AB 361 (2021).
Prepared by:
Kris Kokotaylo, City Attorney
Submitted by:
Kris Kokotaylo, City Attorney
ATTACHMENTS:
Description Type
Resolution Extending Emergency Proclamation Resolution
AB361 Resolution Resolution
1 CITY OF UNION CITY
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
CONFIRMING THE CONTINUED EXISTENCE OFA LOCAL EMERGENCY DUE TO COVID-19
WHEREAS, Government Code Section 8630 and Union City Municipal Code Section
2.28.060 authorize the Director of Emergency Services to proclaim a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist if the City Council is not in session and provides that the City Council shall ratify the proclamation within seven days thereafter; and WHEREAS, in accordance with Government Code Section 8630 and Union City Municipal Code Section 2.28.060, the Director of Emergency Services proclaimed the existence of a local emergency caused by the Novel Coronavirus (COVID-19), a respiratory disease first identified in China that may result in serious illness or death that is easily transmissible from person to person, on March 16, 2020; and WHEREAS, on March 16, 2020, the City Council ratified and confirmed the proclamation of the existence of a local emergency issued by the Director of Emergency Services; and
WHEREAS, on May 12, 2020, the City Council adopted Resolution No. 5595-20 confirming the continued existence of the local emergency; and WHEREAS, on June 23, 2020 the City Council adopted Resolution No. 5618-20 confirming the continued existence of the local emergency; and WHEREAS, on August 11, 2020 the City Council adopted Resolution No. 5642-20 confirming the continued existence of the local emergency; and WHEREAS, on September 22, 2020 the City Council adopted Resolution No. 5656- 20 confirming the continued existence of the local emergency; and WHEREAS, on November 10, 2020 the City Council adopted Resolution No. 5684- 20 confirming the continued existence of the local emergency; and WHEREAS, on December 22, 2020 the City Council adopted Resolution No. 5700- 20 confirming the continued existence of the local emergency; and WHEREAS, on February 9, 2021 the City Council adopted Resolution No. 5710-21 confirming the continued existence of the local emergency; and WHEREAS, on March 23, 2021 the City Council adopted Resolution No. 5731-21 confirming the continued existence of the local emergency; and 2 WHEREAS, on May 11, 2021 the City Council adopted Resolution No. 5752-21 confirming the continued existence of the local emergency; and WHEREAS, on June 22, 2021 the City Council adopted Resolution No. 5785-21 confirming the continued existence of the local emergency; and WHEREAS, on August 10, 2021 the City Council adopted Resolution No. 5817-21 confirming the continued existence of the local emergency; and WHEREAS, on September 28, 2021 the City Council adopted Resolution No. 5829- 21 confirming the continued existence of the local emergency; and WHEREAS, on November 23, 2021 the City Council adopted Resolution No. 5857- 21 confirming the continued existence of the local emergency; and WHEREAS, on January 11, 2022 the City Council adopted Resolution No. 5881-22 confirming the continued existence of the local emergency; and WHEREAS, on March 8, 2022 the City Council adopted Resolution No. 5904-22 confirming the continued existence of the local emergency; and WHEREAS, on April 26, 2022 the City Council adopted Resolution No. 5926-22 confirming the continued existence of the local emergency; and WHEREAS, on June 14, 2022 the City Council adopted Resolution No. 5946-22. confirming the continued existence of the local emergency; and WHEREAS, on July 12, 2022 the City Council adopted Resolution No. 5974-22, confirming the continued existence of the local emergency; and WHEREAS, on August 9. 2022 the City Council adopted Resolution No. XXXX-XX, confirming the continued existence of the local emergency; and WHEREAS, pursuant to Government Code Section 8630 the City Council must periodically review the need for continuing the local emergency; and WHEREAS, pursuant to Government Code Section 8630, the City Council must review the need for continuing the local emergency at least every sixty (60) days; and WHEREAS, the conditions that prompted the original declaration of a local emergency continue to exist; and
WHEREAS, the recitals contained in Resolution No. 5572-20, adopted by the City 3 Council on March 16, 2020, the recitals contained in Resolution No. 5595-20 adopted by the City Council on May 12, 2020, the recitals contained in Resolution No. 5618-20 adopted by the City Council on June 23, 2020, the recitals contained in Resolution No. 5642-20 adopted by the City Council on August 11, 2020, the recitals contained in Resolution No. 5656-20 adopted by the City Council on September 22, 2020, the recitals contained in Resolution No. 5684-20 adopted by the City Council on November 10, 2020, the recitals contained in Resolution No. 5700-20 adopted by the City Council on December 22, 2020, the recitals contained in Resolution No. 5700-20adopted by the City Council on February 9, 2021, and the recitals contained in Resolution No. 5710-21 adopted by the City Council on March 23, 2021 and the recitals contained in Resolution No. 5752- 21 adopted by the City Council on May 11 2021, and the recitals contained in Resolution No. 5785-21 adopted by the City Council on June 22, 2021, and the recitals contained in Resolution No. 5817-21 adopted by the City Council on August 10, 2021, and the recitals contained in Resolution No. 5829-21 adopted by the City Council on September 28, 2021, and the recitals contained in Resolution No. 5857-21 adopted by the City Council on November 23, 2021 and the recitals contained in Resolution No. 5881-22 adopted by the City Council on January 11, 2022, and the recitals contained in Resolution No. 5904-22 adopted by the City Council on March 8, 2022, and the recitals contained in Resolution No. 5926-22 adopted by the City Council on April 26, 2022, and the recitals contained in Resolution No. 5946-22 by the City Council on June 14, 2022, and the recitals contained in Resolution No. 5974-22 adopted by the City Council on July 12, 2022, and the recitals contained in Resolution No. XXXX-XX adopted by the City Council on August 9, 2022, are incorporated into this Resolution as if stated herein; and WHEREAS, community transmission of COVID-19 has continued to occur and health officials are still learning more information regarding the nature of COVID-19 and how it is transmitted; and
WHEREAS, the number of cases within Alameda County has continued to rise, and as of August 17, 2022, there are now over 337, 776 confirmed cases of COVID-19 within the County, and 1,993 deaths; and
WHEREAS, since the initial declaration of a local emergency on March 16, 2020 the highly contagious Delta and Omicron variants, as well as Omicron sub-variants, have emerged and resulted in COVID-19 infections; and
WHEREAS, the public health and safety concerns for persons and property within the City as a consequence of the global spread of COVID-19 continue to exist; and WHEREAS, the health, safety, and welfare of Union City residents, businesses, visitors, and staff is of utmost importance to the City and additional future measures may be needed to protect the community; and
WHEREAS, the City may require additional assistance in the future, and a formal declaration of emergency allows the City to access resources in a timely manner in a timely fashion; and
4 WHEREAS, the City Council finds that conditions of extreme peril to the safety of persons and property within the territorial limits of the City related to COVID-19 pandemic continue in existence; and
WHEREAS, the City Council finds that extraordinary measures are required to protect the public health, safety, and of persons and property within the City that are or are likely to be beyond the control or capability of the services, personnel, equipment, and facilities of the City; and WHEREAS, the City Council desires to confirm the continued existence of a local emergency within Union City due to COVID-19.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Union City hereby declares as follows:
1. The local emergency declared by Resolution No. 5572-20 due to the COVID-19 pandemic continues to exist within the City of Union City.
2. During the existence of the declared local emergency, the powers, functions, and duties of the City Manager, acting as Director of Emergency Services, and the emergency organization of this City shall be those prescribed by State law and by ordinances and resolutions of the City of Union City.
3. The declaration of local emergency shall remain in effect until such time that the City Council determines that the emergency conditions have been abated.
4. City staff is directed to place an item on the agenda for review at least every sixty (60) days from the effective date of this Resolution to determine the need for continuing the local emergency pursuant to Government Code Section 8630. 5181592.1
RESOLUTION NO. XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY FINDING THAT THERE IS A PROCLAIMED
STATE OF EMERGENCY; FINDING THAT MEETING IN
PERSON WOULD PRESENT IMMINENT RISKS TO THE
HEALTH OR SAFETY OF ATTENDEES AS A RESULT OF
THE STATE OF EMERGENCY; AND AUTHORIZING
REMOTE TELECONFERENCED MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF UNION CITY FOR
THE 30 DAY PERIOD BEGINNING AUGUST 23 PURSUANT
TO AB 361
WHEREAS, all meetings of the City of Union City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 (“COVID-19”); and
WHEREAS, on March 16, 2020, the City Council adopted a Resolution ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, as a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and meetings of all legislative bodies within the City; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ends the provisions of Executive Order N-29-20 that allows local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (2021) which allows for local legislative bodies and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the City Council make specified findings. AB 361 (2021) took effect immediately; and WHEREAS, AB 361 (2021) requires that the Governor declare a State of Emergency pursuant to Government Code section 8625; and
WHEREAS, AB 361 (2021) further requires that state or local officials have imposed or recommended measures to promote social distancing, or, requires that the legislative body determines that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in the City and Governor Newsom has declared a State of Emergency due to COVID-19; and
WHEREAS, since issuing Executive Order N-08-21, the highly contagious Delta and Omicron variants, in addition to Omicron sub-variants, of COVID-19 have emerged, causing an increase in COVID-19 cases throughout the State and Alameda County; and WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least 6 feet from others outside of the household and CalOSHA recommends social distancing under certain circumstances and maintaining six feet of distance can avoid close contacts requiring quarantine. State and local officials currently strongly recommend wearing masks indoors and state officials further recommend the use of masks when social distancing is not possible; and
WHEREAS, because of the rise in cases due to the Omicron variant and sub-variants of COVID-19, the City is concerned about the health and safety of all individuals who intend to attend City Council and meetings of the City’s other legislative bodies; and WHEREAS, on September 28, 2021 the City Council found that the presence of COVID-19 and the increase of cases due to the Delta variant would present imminent risks to the health or safety of attendees, including the legislative bodies and staff, should the City’s legislative bodies hold in person meetings; and
WHEREAS, the highly contagious Omicron variant resulted in the greatest nationwide infection rate since the beginning of the COVID-19 pandemic; and WHEREAS, the highly contagious Omicron variant has since resulted in several highly contagious sub-variants, including BA.5, which has become the dominant strain of COVID-19; and
WHEREAS, the City Council hereby finds that the imminent risks of the City’s legislative bodies holding in person meetings to the health or safety of attendees continues to exist; and
WHEREAS, the City shall ensure that it’s meetings comply with the provisions required by AB 361 (2021) for holding teleconferenced meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City as follows:
1. The above recitals are true and correct, and incorporated into this Resolution.
2. In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings without complying with the usual teleconference meeting requirements of the Brown Act, the City Council makes the following continued findings:
a) The City Council has reconsidered the circumstances of the state of emergency; and
b) The state of emergency, as declared by the Governor and City Council, continues to directly impact the ability of the City Council and the City’s legislative bodies, as well as staff and members of the public, from meeting safely in person; and c) The CDC continues to recommend physical distancing of at least six feet due to COVID-19, state and local officials continue to recommend the use of masks and physical distancing under certain circumstances, and as a result of the presence of COVID-19 and the increase of cases due to the Delta and Omicron variants, meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies and staff.
3. City Council and City’s legislative bodies may continue to meet remotely in compliance with AB 361, in order to better ensure the health and safety of the public.
4. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.
5181583.1