HomeMy WebLinkAboutStaff Report 14437 (2)
City of Palo Alto (ID # 14437)
Office of the City Clerk
City Council CAO Report
Meeting Date: 12/5/2022 Report Type: Consent Calendar
Title: Adoption of a Resolution Authorizing Use of Teleconferencing for Council
Meetings During Covid-19 State of Emergency
From: Lesley Milton, City Clerk
Recommendation
Adopt a Resolution (Attachment A) authorizing the use of teleconferencing under Government
Code Section 54953(e) for meetings of the Council and its committees due to the Covid-19
declared state of emergency.
Background
In February and March 2020, the state and the County declared a state of emergency due to
the Covid-19 pandemic. Both emergency declarations remain in effect.
On September 16, 2021, the Governor signed AB 361, a bill that amends the Brown Act,
effective October 1, 2021, to allow local policy bodies to continue to meet by
teleconferencing during a state of emergency without complying with restrictions in State
law that would otherwise apply, provided that the policy bodies make certain findings at
least once every 30 days.
AB 361, codified at California Government Code Section 54953(e), empowers local
policy bodies to convene by teleconferencing technology during a proclaimed state of
emergency under the State Emergency Services Act in any of the following
circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency,
and state or local officials have imposed or recommended measures to
promote social distancing.
(B) The legislative body holds 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 or
safety of attendees.
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(C) The legislative body holds a meeting during a proclaimed state of emergency
and has determined, by majority vote, pursuant to subparagraph (B) (B), that,
as a result of the emergency, meeting in person would present imminent risks
to the health or safety of attendees. (Gov. Code § 54953(e)(1).)
In addition, Section 54953(e)(3) requires that policy bodies using teleconferencing reconsider
the state of emergency within 30 days of the first teleconferenced meeting after October 1,
2021, and at least every 30 days thereafter, and find that one of the following circumstances
exists:
1. The state of emergency continues to directly impact the ability of the
members to meet safely in person.
2. State or local officials continue to impose or recommend measures to
promote social distancing.
Page 3
Discussion
At this time, the circumstances in Section 54953(e)( 1)(A) exist. The Santa Clara County Health
Officer continues to recommend measures to promote outdoor activity, physical distancing and
other social distancing measures, such as masking, in certain contexts. (See August 2, 2021
Order.) In addition, the California Department of Industrial Relations Division of Occupational
Safety and Health (Cal/OSHA) has promulgated Section 3205 of Title 8 of the California Code of
Regulations, which requires most employers in California, including in the City, to train and
instruct employees about measures that can decrease the spread of COVID-19, including
physical distancing and other social distancing measures.
Accordingly, Section 54953(e)(1)(A) authorizes the City to continue using teleconferencing for
public meetings of its policy bodies, provided that any and all members of the public who wish
to address the body or its committees have an opportunity to do so, and that the statutory and
constitutional rights of parties and the members of the public attending the meeting via
teleconferencing are protected.
To comply with public health directives and promote public safety, Palo Alto policy bodies
have been meeting via teleconference since March 2020. On September 27, 2021, Council
considered the format for future Council, committee, and Board and Commission meetings.
Council determined that beginning November 1, 2021, Council meetings would be
conducted using a hybrid format that allows Council Members and the public to decide
whether to attend in person, following masking and distancing protocols, or participate via
teleconference. Council directed that Council standing and ad-hoc committees and Boards
and Commissions would continue meeting via teleconference through January 2022.
Adoption of the Resolution at Attachment A will make the findings required by Section
54953(e)(3) to allow the continued use of teleconferencing for Council meetings (for those
Council Members who elect to participate remotely) and for Council standing and ad hoc
committees. Each Board and Commission will consider and make similar findings.
ATTACHMENTS:
• Attachment A: Resolution Allowing Hybrid In-Person and Teleconferenced Meetings under
Section 54953(e) (PDF)
NOT YET APPROVED
Resolution No. ____
Resolution Making Findings to Allow Teleconferenced Meetings Under California Government
Code Section 54953(e)
R E C I T A L S
A. California Government Code Section 54953(e) empowers local policy bodies to convene
by teleconferencing technology during a proclaimed state of emergency under the State Emergency
Services Act so long as certain conditions are met; and
B. In March 2020, the Governor of the State of California proclaimed a state of emergency
in California in connection with the Coronavirus Disease 2019 (“COVID-19”) pandemic, and that state
of emergency remains in effect; and
C. In February 2020, the Santa Clara County Director of Emergency Services and the
Santa Clara County Health Officer declared a local emergency, which declarations were
subsequently ratified and extended by the Santa Clara County Board of Supervisors, and
those declarations also remain in effect; and
D. On September 16, 2021, the Governor signed AB 361, a bill that amends the Brown Act
to allow local policy bodies to continue to meet by teleconferencing during a state of emergency
without complying with restrictions in State law that would otherwise apply, provided that the
policy bodies make certain findings at least once every 30 days; and
E. While federal, State, and local health officials emphasize the critical importance of
vaccination and consistent mask-wearing to prevent the spread of COVID-19, the Santa Clara County
Health Officer has issued at least one order, on August 2, 2021 (available online at here), that continues
to recommend measures to promote outdoor activity, physical distancing and other social distancing
measures, such as masking, in certain contexts; and
F. The California Department of Industrial Relations Division of Occupational Safety and
Health (“Cal/OSHA”) has promulgated Section 3205 of Title 8 of the California Code of Regulations,
which requires most employers in California, including in the City, to train and instruct employees
about measures that can decrease the spread of COVID-19, including physical distancing and other
social distancing measures; and
G. The Palo Alto City Council has met remotely during the COVID-19 pandemic and can
continue to do so in a manner that allows public participation and transparency while minimizing
health risks to members, staff, and the public that would be present with in-person meetings while
this emergency continues; now, therefore,
NOT YET APPROVED
The Council of the City of Palo Alto RESOLVES as follows:
1. As described above, the State of California remains in a state of emergency due to the
COVID-19 pandemic. At this meeting, the Palo Alto City Council has considered the
circumstances of the state of emergency.
2. As described above, State and County officials continue to recommend measures
to promote physical distancing and other social distancing measures, in some
settings.
AND BE IT FURTHER RESOLVED, That for at least the next 30 days, meetings of the Palo Alto City
Council and its committees will occur in a hybrid format, where both members of the policy body
and members of the public may elect to be present in person, utilizing appropriate distancing and
masking practices, or participate by teleconferencing technology. Such meetings of the Palo Alto City
Council and its committees that occur using teleconferencing technology will provide an opportunity
for any and all members of the public who wish to address the body its committees and will
otherwise occur in a manner that protects the statutory and constitutional rights of parties and the
members of the public attending the meeting via teleconferencing; and, be it
FURTHER RESOLVED, That the City Clerk is directed to place a resolution substantially similar to this
resolution on the agenda of a future meeting of the Palo Alto City Council within the next 30 days. If
the Palo Alto City Council does not meet within the next 30 days, the City Clerk is directed to place a
such resolution on the agenda of the immediately following meeting of Palo Alto City Council.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
City Attorney City Manager