REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution Making Findings Pursuant to Government Code Subdivision 54953 (e) (AB 361) to Continue Virtual Public Meetings for the City Council and Boards, Commissions and Council Subcommittees During the COVID-19 State of Emergency
Report
BACKGROUND
On March 17, 2020, Governor Gavin Newsom issued Executive Order No. N-29-20, which suspended portions of the Ralph M. Brown Act (California Government Code sections 54950-54963) that limit the use of teleconferencing for public meetings; the Order was scheduled to sunset when the COVID-19 Pandemic ends. The Ralph M. Brown Act places strict requirements on local legislative bodies regarding the posting, access and physical location of voting members during public meetings.
Beginning with the March 31, 2020 Council meeting, the City has conducted public meetings utilizing teleconferencing technology to provide for members of the public, staff, and public officials (Councilmembers and board or commission members) to participate without providing for in-person participation.
On June 11, 2021, Governor Gavin Newsom issued Executive Order No. N-08-21, which among other things rescinded his prior Executive Order No. N-29-20 and set a date of October 1, 2021 for local government agencies (local bodies) to transition back to public meetings held in full compliance with the Brown Act.
On August 10, 2021, Council provided the direction regarding the format of future public meetings, including continuing virtual-only meetings as long as this model is allowable (RTC No. 21-0718).
On September 16, 2021, the Governor signed AB 361, which took effect immediately as an urgency statute. AB 361 allows for similar teleconferencing exemptions to continue after the September 30, 2021 sunset of Executive Order No. N-08-21, if one of the following circumstances applies:
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 would present imminent risks to the health or safety of attendees.
3. The legislative body has determined that, as a result of the emergency, meeting in person presents imminent risks to the health or safety of attendees.
AB 361 requires that a legislative body revisit the state of emergency every 30 days to reevaluate if the circumstances continue to meet one of the conditions listed above.
On September 20, 2021, Governor Newsom issued Executive Order No. N-15-21 clarifying that local agencies could continue to rely on Executive Order No. N-08-21 until September 30, 2021.
On September 21, 2021, Santa Clara County Public Health Officer Dr. Sara Cody issued guidance to public meeting bodies such as the Sunnyvale City Council and the City’s Boards, Commissions and Council Subcommittees to continue meeting remotely (via teleconference) due to the COVID-19 emergency (Attachment 2).
EXISTING POLICY
California Government Code sections 54950-54963 (Ralph M. Brown Act)
Sunnyvale Emergency Resolution Nos. 979-20, 981-20, 994-20, 1010-20, 1016-20, 1025-20, 1036-20, 1042-21, 1045-21, 1057-21, 1069-21 and 1078-21 (Attachment 3)
ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" with the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378 (b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
DISCUSSION
The attached Resolution (Attachment 1) makes findings consistent with Government Code Subdivision 54953(e) that due to the ongoing COVID-19 emergency, conducting public meetings in-person would present imminent risks to the health or safety of attendees, including members of the public, staff, and public officials (Councilmembers and board or commission members).
The Resolution would allow City Council and the City’s Boards, Commissions and Council Subcommittees to continue conducting public meetings utilizing teleconferencing technology without providing for in-person participation.
Staff will return to Council within 30 days to allow Council an opportunity to reevaluate if the circumstances continue to meet one of the conditions outlined in Government Code Subdivision 54953(e). This reevaluation and any subsequent reevaluations would refer back to the Resolution included in this report and would also apply to public meetings of the City’s Boards, Commissions and Council Subcommittees.
FISCAL IMPACT
There is no fiscal impact associated with this report.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, Sunnyvale Public Library and Department of Public Safety. In addition, the agenda and report are available at the Office of the City Clerk and on the City's website.
RECOMMENDATION
Recommendation
Adopt a Resolution making findings pursuant to Government Code Subdivision 54953 (e) to continue virtual public meetings for the City Council and City Boards, Commissions and Council Subcommittees during the COVID-19 State of Emergency.
Staff
Prepared by: David Carnahan, City Clerk
Reviewed by: Jaqui Guzmán, Deputy City Manager
Reviewed by: Teri Silva, Assistant City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Resolution making findings pursuant to Government Code Subdivision 54953 (e) to continue virtual public meetings for the City Council and City Boards, Commissions and Council Subcommittees during the COVID-19 State of Emergency
2. County Health Officer Recommendation Regarding Continued Remote Public Meetings of Governmental Entities
3. Resolution No.1078-21