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Home My WebLink AboutItem 5c. Reaffirm Resolution No. 11278 to continue meeting virtually Item 5c Department: Administration Cost Center: 1021 For Agenda of: 3/1/2022 Placement: Consent Estimated Time: N/A FROM: Greg Hermann, Deputy City Manager Prepared By: Teresa Purrington, City Clerk SUBJECT: REAFFIRM RESOLUTION NO. 11278 AUTHORIZING CONTINUING TO MEET VIRTUALLY PURSUANT TO ASSEMBLY BILL 361 RECOMMENDATION Reaffirm Resolution No. 11278 (2021 Series) entitled, “A Resolution of the City of San Luis Obispo, California, proclaiming the continued need to meet by teleconference pursuant to Government Code Section 54953(e).” DISCUSSION On October 5, 2021, City Council adopted Resolution No. 11278 (2021 Series) (Attachment A) which proclaimed the continued need to meet by teleconference pursuant to Government Code Section 54953 (e). Adoption of the Resolution reaffirms current County Public Health Officer orders and guidance as well as CalOSHA requirements as the basis for continuing to meet virtually. It should be noted that adoption of the Resolution does not prohibit the conduct of a traditional or hybrid meeting if the circumstances of the declared health emergency change. Additionally, as required by Gov. Code § 54953(e)(G)(3), the City Council must make these findings every 30 days for as long as the City is conducting virtual meetings. Reaffirming the adoption of Resolution 11278 (2021 Series) satisfies this requirement. The City Council will be returning to in person meeting effective March 15, 2022. Public Engagement This is an administrative item, so no outside public engagement was completed. Public comment can be provided to the City Council through written correspondence prior to the meeting or through public testimony at the meeting. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommendation in this report, because the action does not constitute a “Project” under CEQA Guidelines sec. 15378. Page 19 of 231 Item 5c FISCAL IMPACT Budgeted: Yes Budget Year: 2021-22 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ N/A $ $ $ State Federal Fees Other: Total $N/A $ $ $ The cost to run the meetings virtually and associated staff time are included in the City Clerk and IT annual budget appropriation. Additional costs will be incurred if a hybrid meeting format is desired. If Council would like to move to hybrid meetings, then staff would submit a request for additional funding at the mid-year budget review. ALTERNATIVES Council could choose not to adopt the Resolution. Staff does not recommend this action because doing so would put the city out of alignment with County Public Health Order No. 6 and would require that meetings be conducted according to the unamended requirements of the Brown Act. ATTACHMENTS A – Resolution No. 11278 (2021 Series) Page 20 of 231 R 11278 RESOLUTION NO. 11278 (2021 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, PROCLAIMING THE CONTINUED NEED TO MEET BY TELECONFERENCE PURSUANT TO GOVERNMENT CODE SECTION 54953(E). WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and WHEREAS, on March 16, 2020, the City Manager, acting as the Emergency Services Director, approved a proclamation declaring a local emergency as defined in the City of San Luis Obispo Municipal Code Section 2.24.020, due to the threat of the existence and spread of COVID-19; and WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meeting accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on August 31, 2021, the San Luis Obispo County Health Officer, Penny Borenstein, M.D., executed Order No. 6 requiring face coverings in all public indoor settings WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and WHEREAS, AB 361 imposes requirements to ensure members of the public are able to attend and participate in public meetings conducted via teleconference, including: x Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option; Page 21 of 231 Resolution No. 11278 (2021 Series) Page 2 R 11278 x The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; x Prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time; x Prohibits the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-G); and WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body shall hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees. The City Council must make these findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also make these findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducing public meetings. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council. SECTION 2. The City Council hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, City Boards, Commissions, and Committees, City staff and consultants to meet safely in person. SECTION 3. The State of California and the City of San Luis Obispo continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of San Luis Obispo, as applicable, including facial coverings when required and social distancing. Page 22 of 231 Resolution No. 11278 (2021 Series) Page 3 R 11278 SECTION 4. The City Council hereby declares that, pursuant to the findings listed in this Resolution, the City Manager is authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361 and Government Code § 54953, as amended thereby. SECTION 5. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective for 30 days. In accordance with AB 361, the City Council shall re-consider the passage of this resolution not less than every 30 days to determine whether a state of emergency continues to directly impact the ability of the members to meet safely in person or whether state or local officials continue to impose or recommend measures to promote social distancing. Upon motion of Vice Mayor Christianson, seconded by Council Member Marx, and on the following roll call vote: AYES: Council Member Christianson, Marx, Pease, and Mayor Stewart NOES: None ABSENT: None The foregoing resolution was adopted this 5th day of October 2021. ___________________________ Mayor Erica A. Stewart ATTEST: ______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Page 23 of 231 Page 24 of 231