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HomeMy WebLinkAbout220412_Item 4.2_Council ReportRECOMMENDATION DATE: April 12, 2022 CATEGORY: Consent DEPT.: City Attorney's Office, City Manager's Office TITLE: AB 361 Resolution to Continue Remote Public Meetings During State of Emergency Adopt a Resolution of the City Council of the City of Mountain View Authorizing and Continuing Virtual Meetings of City Council, Committees, Boards and Commissions Pursuant to AB 361 and Making Required Findings, to be read in title only, further reading waived (Attachment 1 to the Council report). BACKGROUND In March 2020, Governor Gavin Newsom issued an Executive Order authorizing exemptions to the Brown Act's teleconferencing rules to facilitate remote public meetings during the declared State of Emergency due to the COVID-19 pandemic. Since March 17, 2020, the City Council and the City's boards, commissions, and committees have conducted their meetings entirely remotely, as authorized by the Executive Order. Assembly Bill (AB) 361, which became effective on September 16, 2021, allows remote public meetings to continue (under the Brown Act teleconferencing rules exemption) during a state of emergency if State or local officials have imposed or recommended measures to promote social distancing, or the public agency's legislative body (i.e., city council) has determined that, as a result of the emergency, meeting in person presents imminent risks to the health or safety of attendees. Beginning September 28, 2021, the City Council has each month considered the existing circumstances of the COVID-19 pandemic and adopted a resolution pursuant to AB 361, making findings and determining that the City's public meetings may continue to be held remotely for 30 days following the adoption of the resolution. AB 361 requires that the legislative body reconsider the circumstances of the emergency and make the required findings every 30 days in order to continue to meet remotely under the Brown Act teleconferencing rules exemption. AB 361 Resolution to Continue Remote Public Meetings During State of Emergency April 12, 2022 Page 2 of 3 ANALYSIS Despite the relatively high rate of vaccination in Santa Clara County, the risk of community spread of COVID-19 remains persistent. At the beginning of the year, fueled by the rapid spread of the Omicron variant, the rate of infection reached pandemic highs. The infection rate has since declined in most parts of the state including Santa Clara County. However, the Governor's declared State of Emergency remains in effect, as do public health orders and recommendations to promote social distancing to mitigate the spread of COVID-19. These public health measures include the County Public Health Officer's recommendation issued in September 2021 that public bodies meet remotely to the extent possible, which remains in effect. The Public Health Officer based the recommendation on: "the continued threat of COVID- 19 to the community, the unique characteristics of public governmental meetings (such as the increased mixing associated with bringing together people from across the community, the need to enable those who are immunocompromised or unvaccinated to be able to safely continue to fully participate in public governmental meetings, and the challenges with fully ascertaining and ensuring compliance with vaccination and other safety recommendations at such meetings), and the continued increased safety protection that social distancing provides as one means by which to reduce the risk of COVID-19 transmission." As recognized by the County Public Health Department, COVID-19 continues to pose imminent risks to the health and safety of meeting attendees. Adoption of the proposed resolution would allow the City Council and City boards, commissions, and committees to continue to meet remotely, without adhering to the regular teleconference rules, for an additional 30 days following Council action (through May 12, 2022). Under the resolution, Council could elect to meet entirely remotely or in a hybrid format with some Councilmembers attending in-person and some attending virtually. With a hybrid meeting, the public would be able to provide public comment either in-person or virtually. However, City boards, commissions and committees would continue to meet entirely remotely, as they have done since March 2020. As noted above, every 30 days during the State of Emergency, to continue acting under the teleconference exemptions, the City Council must make findings about whether the required circumstances and findings are still applicable. If Council desires to further extend the period for virtual meetings, then Council would need to find that it reconsidered the circumstances of the State of Emergency and that one of the following circumstances exist: (1) the emergency continues to directly impact the ability of members to safely meet in person; or (2) State or local officials continue to impose or recommend measures to promote social distancing. If Council cannot make these findings by majority vote, then it will no longer be exempt from the physical public access, quorum, and public comment opportunity rules applied to teleconference meetings. AB 361 Resolution to Continue Remote Public Meetings During State of Emergency April 12, 2022 Page 3 of 3 FISCAL IMPACT There is no new fiscal impact involved with extending remote public meetings for the 30 days following the Council action. ALTERNATIVES 1. Decline to adopt the resolution and resume in-person meetings in compliance with all Brown Act teleconference requirements. 2. Provide other direction. PUBLIC NOTICING The Council's agenda is advertised on Channel 26, and the agenda and this report appear on the City's website. Prepared by: Diana Fazely Assistant City Attorney SL/4/CAM 016-04-12-22CR 201948 Attachment: 1. Resolution Approved by: Jannie L. Quinn Interim City Attorney Kimbra McCarthy City Manager Attachment 1 CITY OF MOUNTAIN VIEW RESOLUTION NO. SERIES 2022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW AUTHORIZING AND CONTINUING VIRTUAL MEETINGS OF CITY COUNCIL, COMMITTEES, BOARDS, AND COMMISSIONS PURSUANT TO AB 361 AND MAKING REQUIRED FINDINGS WHEREAS, on March 4, 2020, the Governor of the State of California declared a State of Emergency, as defined under the California Emergency Services Act, due to the COVID-19 pandemic; and WHEREAS, the State of Emergency remains in effect; and WHEREAS, beginning in March 2020, the Governor's Executive Order N-29-20 (later extended by Executive Order N-08-21) suspended Brown Act requirements related to teleconferencing during the COVID-19 pandemic provided that notice, accessibility, and other requirements were met and the public was allowed to observe and address the legislative body at the meeting; and WHEREAS, on September 16, 2021, the Governor signed into law Assembly Bill (AB) 361, an urgency measure effective upon adoption, that allows government bodies to meet virtually without conforming to the Brown Act teleconferencing rules during a declared state of emergency if: (1) State or local officials have imposed or recommended measures to promote social distancing; (2) the legislative body is meeting to determine whether, as a result of the emergency, meeting in person presents imminent risks to the health or safety of attendees; or (3) the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; and WHEREAS, on September 21, 2021, the Santa Clara County Public Health Officer issued a recommendation, which in still in effect, that public bodies meet remotelyto the extent possible "due to the continued threat of COVID-19 to the community, the unique characteristics of public governmental meetings (such as the increased mixing associated with bringing together people from across the community, the need to enable those who are immunocompromised or unvaccinated to be able to safely continue to fully participate in public governmental meetings, and the challenges with fully ascertaining and ensuring compliance with vaccination and other safety recommendations at such meetings), and the continued increased safety protection that social distancing provides as one means by which to reduce the risk of COVID-19 transmission"; and -1- WHEREAS, COVID-19 remains a continuing threat to public health, as underscored by the rapid spread of the highly contagious Omicron variant of COVID-19 and the Omicron BA.2 variant; and WHEREAS, although the rate of infection and hospitalizations has declined since the winter peaks, the declared State of Emergency and public health recommendations promoting social distancing to mitigate the spread of COVID-19 remain in effect; and WHEREAS, the State of Emergency has caused and will continue to cause imminent risks to the health or safety of persons attending meetings of City legislative bodies, and there is a need to continue to use teleconferencing for public meetings without requiring that all teleconferencing locations be posted on the agenda and accessible to the public; and WHEREAS, the City Council and the City's boards, commissions, and committees have conducted their meetings virtually since March 17, 2020, first as authorized by Executive Order and subsequently by AB 361; and WHEREAS, beginning September 28, 2021, the City Council has each month considered the existing circumstances and adopted a resolution pursuant to AB 361, making findings and determining that the City's legislative bodies may continue to meet virtually for the 30 days following adoption of each resolution; and WHEREAS, the City Council has determined that the Council may continue to meet remotely, as it has since near the beginning of the pandemic, or elect to hold its public meetings in a hybrid format, with some or all Council members attending in-person and limited in-person public attendance to maintain social distancing as much as practicable, while still offering the use of telephonic and internet-based services so that the public and others may participate in meetings remotely; and WHEREAS, due to meeting locations, size of legislative bodies, and staffing and other needs, to ensure the health and safety of all attendees of meetings of various City committees, boards, and commissions, these bodies will continue to hold virtual meetings, with all members, staff, and the public participating remotely without a common physical location; and WHEREAS, as required by AB 361, the City Council has reconsidered the circumstances of the emergency in making the findings and determinations set forth in this Resolution; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mountain View that: 1. The City Council adopts the recitals set forth above as findings of fact. 2. The City Council hereby finds that a state of emergency continues to exist relating to COVID-19, and the County Public Health Officer has recommended that legislative bodies -2- continue to meet remotely to promote social distancing as a means to reduce the risk of COVID- 19 transmission. 3. The City Council may continue to only meet remotely or meet in a hybrid format in accordance with AB 361, with Brown Act teleconferencing rules suspended. 4. City boards, commissions, and committees shall continue to only meet remotely in accordance with AB 361, with Brown Act teleconferencing rules suspended. This Resolution shall be in effect for 30 days following its adoption. SL/4/RESO 016-04-12-22r -3-