361.
As a reminder, AB 361 was signed by the Governor on September 16, 2021, which amends the Brown Act to allow meetings of legislative bodies to be conducted via teleconference under certain conditions during proclaimed emergencies.
AB 361 allows legislative bodies to hold meetings utilizing teleconferencing without complying with the standard teleconferencing requirements if the Governor has proclaimed a State of Emergency and any of the following circumstances occur:
State or local officials have imposed or recommended measures to promote social distancing; or A meeting is being held for the purposes of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or The legislative body has determined that as a result of the emergency, meeting in person would present imminent risks to the health and or safety of attendees.
If a meeting is held via teleconference under AB 361, the following requirements apply:
Notice of the meeting must still be given in compliance with the Brown Act, and the notice must include the means by which the public may access the meeting and provide public comment. 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 body cannot require public comments to be submitted before the start of the meeting. The public must be allowed to make "real-time" public comments.
If the agency provides a timed public comment period, the public comment period must be left open until the time expires. If no timed public comment period is provided, a reasonable amount of time per agenda item must be provided.
Findings must be made every 30 days to continue to conduct teleconference meetings under AB 361.
The body must find it has reconsidered the circumstances of the state of emergency and either 1) the emergency continues to impact the ability to meet safely in person, or 2) State or local officials continue to impose or recommend measures to promote social distancing.
The proposed resolution to return to remote teleconference meetings of legislative bodies:
Ratifies the City Council's proclamation that a local emergency still exists throughout the City, and that in-person meetings of the City's legislative bodies would present imminent risks to the health or safety of attendees; and
Date: January 11, 2022
Subject: DISCUSSION TO EITHER CONTINUE ALLOWING MEETINGS OF LEGISLATIVE
BODIES TO BE HELD IN PERSON IN COMPLIANCE WITH ANY FACE-MASK
REQUIREMENTS IN PLACE AT THE TIME OF THE MEETING OR ADOPT A
RESOLUTION TO RETURN TO REMOTE TELECONFERENCE MEETINGS OF LEGISLATIVE BODIES OF THE CITY OF VALLEJO IN LIGHT OF THE COVID-19
OMICRON SURGE
Authorizes staff and the City's legislative bodies to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
If adopted, the resolution will take effect immediately upon its adoption and will be effective until the earlier of February 10, 2022, or such time as 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 may continue to teleconference without compliance with Government Code section 54953(b)(3).
If Council adopts a resolution to return to remote teleconference meetings of legislative bodies, staff will return to Council at its February 8 regular meeting for its consideration to either continue with teleconference meetings per the provisions of AB 361 or return to in-person Council, board and commission meetings.
In the event that the City Council determines to continue with in-person meetings, it is important to note that Section 54953 of the Brown Act will continue to govern teleconference participation in meetings. In that regard, the teleconferenced meeting must comply with all of the following requirements.
All City Council members must appear in person unless specific requirements are met. If a City Council member wants to appear remotely at another location, the City must post agendas at each location, and participation of the public at each location must be permitted in a manner that protects the statutory and constitional rights of the parties and the public. Each teleconference location must be identified in the notice and agenda of the meeting and each location must be accessible to the public (ADA compliant etc.). At least a quorum of the members of the City Council must be located within the City and the public must be permitted to speak from each location. All votes must be by rollcall vote and the results announced. These teleconference rules have been in place within the Brown Act for many years and are intended to address a temporary situation when a Councilmember needs to participate from another location and are separate from the recent Brown Act amendments. The recent amendments set forth in AB 361 are intended to address remote meetings in emergency situations only. If the City Council determines to go to in-person meetings, the City Council will need to make a final decision about the format of the in-person meetings and whether such meetings should continue to include a remote participation option for the public.
The matter before Council this evening is to either to decide to continue with in-person meetings for the City's legislative bodies or return to remote teleconference meetings of legislative bodies for the next thirty (30) days in light of the surge in the number of positive COVID cases.
FISCAL IMPACT
Fiscal impacts should be minor since staff has the option of either attending in-person meetings or attending remotely.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
Date: January 11, 2022
Subject: DISCUSSION TO EITHER CONTINUE ALLOWING MEETINGS OF LEGISLATIVE
BODIES TO BE HELD IN PERSON IN COMPLIANCE WITH ANY FACE-MASK
REQUIREMENTS IN PLACE AT THE TIME OF THE MEETING OR ADOPT A
RESOLUTION TO RETURN TO REMOTE TELECONFERENCE MEETINGS OF LEGISLATIVE BODIES OF THE CITY OF VALLEJO IN LIGHT OF THE COVID-19
OMICRON SURGE
ATTACHMENTS
1. Declared State of Local Emergency and Remote Meetings Resolution CAPO Stamp
CONTACT
Mike Malone, Interim City Manager
[email protected]
Dawn G. Abrahamson, City Clerk
[email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO RATIFYING ITS PROCLAMATION OF A LOCAL EMERGENCY DECLARED ON MARCH 16, 2020 AND
MAKING THE LEGALLY REQUIRED FINDINGS TO AUTHORIZE THE CONDUCT OF
REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF VALLEJO PURSUANT TO ASSEMBLY BILL 361
WHEREAS, on March 4, 2020, pursuant to California Government Code Section 8625, the Governor of the State of California proclaimed a statewide state of emergency due to COVID- 19; and
WHEREAS, on March 16, 2020 the City Council of the City of Vallejo adopted Resolution No. 20-026 proclaiming a state of Local Emergency relating to the COVID-19 virus and its rapid transmission, based upon state and local federal guidance; and WHEREAS, all meetings of the City of Vallejo’s legislative bodies are open and public, as required by the Brown Act (California Gov. Code sections 54950 et seq.), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, beginning in March 2020, the Governor issued a series of Executive Orders, N-25- 20, N-29-20, and N-35-20, that waived certain Brown Act requirements to allow legislative bodies to continue meeting while slowing the spread of COVID-19; and WHEREAS, N-29-20 allowed the City’s legislative bodies to meet via teleconference without complying with certain Brown Act requirements; and
WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, extending the Brown Act provisions of N-29-20 through September 30, 2021; and WHEREAS, on September 16, 2021, Governor Newsome signed Assembly Bill 361 (“AB 361”), into law, allowing the City’s legislative bodies to continue to meet via teleconference during proclaimed states of emergency under modified Brown Act requirements; and WHEREAS, AB 361, as codified in Government Code section 54953(e), provides for 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
WHEREAS, AB 361 allows legislative bodies to continue to meet via teleconference when a state of emergency is declared by the Governor, pursuant to Government Code section 8625, proclaiming the existence of conditions of a disaster or of extreme peril to the safety of persons or property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, AB 361 further requires that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, the City Council’s proclaimed local emergency remains in effect; and WHEREAS, the City of Vallejo remains at a substantial or high transmission of COVID 19 cases and vaccination status in the County due to the emerging and highly transferable Omicron variant;
WHEREAS, the City Council adopted a resolution to resume in person meetings on October 26, 2021.
WHEREAS, in order to protect the health and safety of the City residents and visitors and in order to follow the sound guidance and recommendations of the CDC and the California Department of Public Health, the City Council finds it is in the best interest of public health and safety, as affected by the emergency caused by the spread of COVID-19 and the Omicron variant, and necessary to issue and implement this Resolution to protect life, health and safety of its citizens and the community at large.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo does hereby resolve as follows:
Section 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference.
Section 2. The City Council hereby ratifies its proclamation that a local emergency still exists throughout the City, and that in-person meetings of the City’s legislative bodies would continue to present imminent risk to the health or safety of attendees.
Section 3.The staff and legislative bodies of the City of Vallejo 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 via teleconference pursuant to AB361, in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
Section 4.In the event of disruption which prevents a legislative body of the City of Vallejo from broadcasting a meeting using a call-in option or internet-based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based option is restored. However, if any of the Broadcast Options are disrupted, but any of the other Broadcast Options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted Broadcast Option(s) to be restored.
Section 5.This Resolution shall take effect immediately upon its adoption and shall be effective until February 10, 2022, or 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 Vallejo may continue to teleconference without compliance with Government Code section 54953(b)(3).
Section 6.If any section, subsection, clause or phrase in this resolution is for any reason held invalid, the validity of the remainder of this resolution shall not be affected thereby. The City Council would have passed this resolution and each section, subsection, sentence, clause, or phrases thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases thereof to be held invalid.
Section 7.The City Clerk shall certify the adoption of this Resolution and shall cause a certified Resolution to be filed in the Office of the City Clerk.
Adopted by the City Council of the City of Vallejo at a regular meeting held on January 11, 2022 with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
_________________________________________
DAWN G. ABRAHAMSON, CITY CLERK