HomeMy WebLinkAbout4.5 Authorizing Remote Meetings of City Council and City Commissions Due to Increase in COVID-19 CasesSTAFF REPORT
CITY COUNCIL
Page 1 of 3
Agenda Item 4.5
DATE:August 16, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Authorizing Remote Meetings of City Council and City Commissions Due to Increase in COVID-19 CasesPreparedby:John Bakker,City Attorney
EXECUTIVE SUMMARY:From March 2020 through September 2021, the City conducted meetings of its legislative bodies remotely pursuant to various executive orders that suspended certain Brown Act provisions. In October 2021, the City returned to in-person meetings and the Brown Act was amended to allow for teleconferencing during a state of emergency. Under the new law, AB 361, the City can continue to conduct virtual meetings where the Governor has proclaimed a State of Emergency, or state or local health officials have imposed or recommended social distancing,if the City Council makes certain required findings. From January 11 –February 10, 2022, and since May 3, 2022, the City Council has operated under a resolution pursuant to AB 361 authorizing teleconferenced meetings for at least 30 days. The City Council will consider adopting a resolution that would allow for virtual attendance for the next 30 days.
STAFF RECOMMENDATION:Adopt the 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 Dublin Pursuant to AB 361.
FINANCIAL IMPACT:None.
52
Page 2 of 3
DESCRIPTION: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 18, 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 N-29-20, 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.At that time and through September 2021, the City’s legislative bodies met by teleconference. 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 full compliance with the Brown Act.The City of Dublin began meeting in person beginning in October 2021.Since the Governor issued Executive Order N-08-21, the highly contagious Delta variant has emerged, causing a spike in cases throughout the state and within the Alameda County. Additionally, since then, the Omicron variants have emerged and been designed as a variant of concern by the United States, and the number of cases in the City have increased over the last month.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.AB 361 allows local legislative bodies to continue to meet remotely after the expiration of the clauses of Executive Order N-29-20. Under AB 361, the City and its legislative bodies may 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.On January 11, 2022, the City Council adopted a resolution authorizing remote teleconferenced meetings for a period of 30 days pursuant to AB 361. That resolution expired on February 10, 2022.
53
Page 3 of 3
At its April 19, 2022 meeting, the City Council directed Staff to bring a resolution to the May 3, 2022 meeting to allow the City Council and the City’s legislative bodies to meet virtually, including hybrid meetings, pursuant to AB 361. At its May 3, May 17, June 7, June 21, and July 19, 2022meetings, the City Council adopted Resolution Nos. 39-22, 48-22, 65-22, 84-22, and 92-22respectively, that included the necessary findings pursuant to AB 361 to allow the City Council and the City’s legislative bodies to meet remotely or in a hybrid format for 30 days. The City meets the requirements to hold 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;·The CDC recommends social distancing of at least six feet due to COVID-19;·There’s been an increase of COVID-19 cases within the state and throughout AlamedaCounty;·Meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies, and staff.The proposed resolution includes the necessary findings pursuant to AB 361 to allow the City Council and the City’s legislative bodies to meet remotely or in a hybrid format for the next 30 days. The City Council would need to adopt a subsequent resolution declaring the need to continue to meet remotely to allow for such meetings after that 30-day period.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1) 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 Dublin Pursuant to AB 361
54
Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 3
RESOLUTION NO. xx-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
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 DUBLIN
PURSUANT TO AB 361
WHEREAS, all meetings of the City of Dublin’s legislative bodies are open and public, as
required by the Ralph M. Brown Act (Cal. 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, 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 18, 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 the COVID-19 pandemic, and pursuant to Executive Order N-29-20
and its successors, the City Council met primarily virtually through September 2021; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which,
effective September 30, 2021, ended 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 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, under AB 361 (2021), an agency meeting virtually 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, specifically, Governor Newsom has
55
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 2 of 3
declared a State of Emergency due to COVID-19; and
WHEREAS, since the issuance of Executive Order N-08-21, the highly contagious Delta
variant of COVID-19 has emerged, causing an increase in COVID-19 cases throughout the State and
Alameda County; and
WHEREAS, on November 30, 2021, the Omicron variant was designated as a variant of
concern by the United States; and
WHEREAS, cases of the highly contagious Omicron variant, including a subvariant called
BA.2, have caused surges of COVID-19 and there has been an increase in cases during the last
month in 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
WHEREAS, because of the recent rise in COVID-19 cases due in part to the highly contagious
Omicron 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, the City Council finds that the imminent risks of the City’s legislative bodies
holding in person meetings to the health or safety of attendees exists due in part to the Omicron
variants of COVID-19; and
WHEREAS, the City Council finds, acting as a legislative body pursuant to Government Code
section 54952(a) and for the benefit of all legislative bodies created by the City Council pursuant to
Government Code section 54952(b), that the presence of COVID-19 and the Delta and Omicron
variants would present imminent risks to the health or safety of attendees, staff, and members; and
WHEREAS, teleconference meetings may include hybrid meetings, in which all or some
members of the legislative body meet in person while others attend by teleconference, and members
of the public are either allowed to participate only by teleconference or both in person and by
teleconference (“hybrid meetings”). The purpose of hybrid meetings is to allow for multiple modes of
attending meetings while reducing the risks of COVID-19, including the Delta and Omicron variants;
and
WHEREAS, the City shall ensure that its 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 Dublin 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 findings:
a) The City Council has considered the circumstances of the state of emergency; and
b) The state of emergency, as declared by the Governor and City Council, and as
specifically related to the current increase in cases apparently resulting from the
56
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 3 of 3
Omicron variant, directly impacts the ability of the City Council and the City’s legislative
bodies, as well as staff and members of the public, to meet safely in person; and
c) The CDC continues to recommend physical distancing of at least six feet due to
COVID-19 and as a result of the presence of COVID-19 and the increase of cases due
to the Omicron variant, meeting in person would present imminent risks to the health or
safety of attendees, the legislative bodies and staff.
3.City staff is directed to facilitate any teleconference meetings, including hybrid
meetings, of the City Council and City’s legislative bodies in compliance with AB 361, in order
to better ensure the health and safety of the public for a period of thirty days following the
adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 16th day of August 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_____________________________
City Clerk
57