REPORT TO SUNNYVALE FINANCING AUTHORITY
SUBJECT
Title
Reconsider and Affirm Resolution No. 1105-22FA; and Make Findings Pursuant to Government Code Section 54953(e) (AB 361) to Continue Virtual Public Meetings for the Sunnyvale Financing Authority 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 ended. 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 in-person participation. The Financing Authority conducted its first virtual public meeting on June 9, 2020.
On August 10, 2021, Council provided direction regarding the format of future public meetings, including continuing virtual-only meetings as long as this model is allowed (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 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 Financing Authority to continue meeting remotely (via teleconference) due to the COVID-19 emergency. Although the County Public Health Officer issued a new order on September 12, 2022 rescinding a number of orders, it did not rescind this recommendation and continues to strongly recommend that people take precautions in indoor settings and that governments require people to wear masks indoors. In addition, the County Board of Supervisors has indicated that it will likely continue to hold meetings virtually.
On October 6, 2021, the City Council held a Special Joint meeting with the Santa Clara Valley Water District Board of Directors; the first Sunnyvale meeting conducted under the provisions of Government Code Section 54953 (e) (AB 361). Council made the necessary findings included in Government Code Section 54953 (e) within 30 days on October 26, 2021, by adopting Resolution No. 1089-21.
On January 25, 2022, the Sunnyvale Financing Authority conducted its first meeting under the provisions of Government Code Section 54953 (e) (AB 361) and made the necessary findings by adopting Resolution No. 1105-22FA (Attachment 1).
On February 22, March 22, April 5, May 3, 24, June 21, July 12, August 9, August 30, September 27, October 25, November 1, November 29 and December 13, 2022, the Financing Authority reconsidered and affirmed Resolution No. 1105-22FA; and made findings pursuant to Government Code Section 54953(e) (AB 361) to continue virtual public meetings during the COVID-19 State of Emergency (See Attachment 4 for draft excerpt Finance Authority meeting minutes).
On October 25, 2022, the City Council and Financing Authority also discussed the transition back to in-person meetings. They considered hybrid meetings where some Councilmembers participate in-person while others participate remotely. The discussion included the idea that Boards, Commissions and Council Subcommittees remain remote until any training and technology concerns have been resolved.
EXISTING POLICY
California Government Code Sections 54950-54963 (Ralph M. Brown Act)
Sunnyvale Resolution No. 1105-22FA (Attachment 1)
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, 1078-21, 1088-21, 1099-21, 1106-22, 1110-22, 1115-22, 1130-22, 1139-22, 1147-22, 1154-22 and 1162-22 (Attachment 2)
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
On September 12, 2022, Dr. Cody issued an updated public health order (Attachment 3). This Order, among other guidance, includes a strong recommendation to continue universal use of face coverings indoors.
On December 13, 2022, the Santa Clara County Board of Supervisors adopted Resolution No. BOS-2022-177 continuing virtual public meetings for the Board, along with all other Santa Clara County commissions and advisory bodies. The Board’s Resolution incorporated Dr. Cody’s September 21, 2021, recommendation for public bodies to continue meeting remotely.
On January 4, 2023, the Santa Clara County Clerk of the Board announced the Board of Supervisors and its subordinate meeting bodies will return to in-person public meetings beginning January 9, 2023.
As of December 20, Santa Clara County COVID-19 test positivity rates remained high and increased from last month with the 7-day average up to 11.6% on December 12 from 7.1% on November 10.
Reaffirming Resolution No. 1105-22FA and making findings consistent with Government Code Section 54953(e) would allow the Financing Authority to continue conducting public meetings utilizing teleconferencing technology without providing for in-person participation.
Staff will return to the Financing Authority Board within 30 days to allow the Financing Authority Board an opportunity to reevaluate if the circumstances continue to meet one of the conditions outlined in Government Code Section 54953(e). This reevaluation and any subsequent reevaluations would refer back to Resolution No. 1105-22FA.
Staff worked with the Finance Authority Board Chair to begin the transition to hybrid in-person/virtual public meetings. At the December 13, 2022 Financing Authority Board meeting Board Members and members of the public were able to participate in-person or remotely
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, at the Sunnyvale Public Library, Senior Center, Community Center and in the Department of Public Safety Lobby. In addition, the agenda and report are available at the Sunnyvale Public Library, Office of the City Clerk, and on the City's website.
RECOMMENDATION
Recommendation
Affirm Resolution 1105-22FA; and make findings pursuant to Government Code Section 54953(e) (AB 361) to continue virtual public meetings for the Financing Authority during the COVID-19 State of Emergency:
1. The Financing Authority Board has found and determined that the state of emergency conditions related to COVID-19, as set forth in City of Sunnyvale Resolution No. 1162-22 adopted on December 13, 2022, and incorporated herein by reference, are on-going;
2. The Financing Authority Board finds that there is a need to continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency; and
3. The Financing Authority Board finds that the state of emergency continues to directly impact the ability of members of the Financing Authority to meet safely in person.
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 No. 1105-22FA
2. Resolution No. 1162-22
3. Health Officer Order - September 12, 2022
4. DRAFT Excerpt Financing Authority Meeting Minutes - December 13, 2022