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HomeMy WebLinkAbout4.7 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 4.7 DATE:January 11, 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 CasesPrepared by: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, the City returned to in-person meetings and at the same time state law changed to require certain findings to be made for an agency to meet remotely. Under the new law, AB 361, the City can conduct virtual meetings where the Governor has proclaimed a State of Emergency and state or local health officials have imposed or recommended social distancing or where the City Council has declared the need to meet remotely due to imminent risks to the health or safety of attendees. The current substantial increase in cases resulting from the Omicron variant lead Staff to conclude that it would be prudent for the City Council and City Commissions to meet virtually for at least the next 30 days. The City Council will consider adopting a resolution that would allow for virtual meetings 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 for the 30-Day Period Beginning January 11 Pursuant to AB 361. FINANCIAL IMPACT:None. 91 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. As a result, the Alameda County Health Officer issued a Health Order requiring masks indoors in public places, regardless of vaccination status, starting August 3, 2021. Additionally, since then, the Omicron variant has emerged and been designed as a variant of concern by the United States, and the number of cases around the world has increased markedly 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.The City meets the requirements to continue holding meetings remotely in order to ensure the health and safety of the public: 92 Page 3 of 3 ·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 variant 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.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 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 for the 30-Day Period Beginning January 11 Pursuant to AB 361 93 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 FOR THE 30-DAY PERIOD BEGINNING JANUARY 11 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 94 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 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 August 3, 2021, in response to the Delta variant of COVID-19, the Alameda County Health Officer issued an order for nearly all individuals to wear masks when inside public spaces; and WHEREAS, on November 30, 2021, the Omicron variant was designated as a variant of concern by the United States, and there has been a marked 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 rise in cases due to the Omicron variant 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 to the Omicron variant of COVID-19; 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 95 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 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 Council and City’s legislative bodies may meet remotely 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 11th day of January 2022 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _____________________________ City Clerk 96