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HomeMy WebLinkAboutStaff Report 14821 City of Palo Alto (ID # 14821) Office of the City Attorney City Council CAO Report Meeting Date: 10/3/2022 Report Type: Consent Calendar Title: Supplemental Memo Regarding the September 12, 2022 Health Order and AB 361 Findings From: Molly Stump, City Attorney Given recent changes at the State and County levels that may affect cities’ ability to continue remote meetings of legislative bodies, staff is providing this supplemental information for the City Council’s awareness as it considers the findings required under AB 361. On September 12, 2022, the Santa Clara County Health Officer issued a new Health Order on COVID-19. The purpose of the Health Order is described as: Background and Purpose. The Health Officer makes this Order in light of the current state of the COVID-19 pandemic emergency. Specifically, at this stage and time of the pandemic, including consideration of the widespread availability of testing and vaccinations and the high level of community vaccination in Santa Clara County (the “County”), the necessity for mandatory orders related to vaccination and access to testing has diminished. However, the risk of COVID-19 in Higher-Risk Settings remains significant, and so it continues to be important for Face Coverings to be used in Higher-Risk Settings. This Order therefore rescinds prior Health Orders, as described in Section 2 below, while maintaining existing Face Covering requirements in Higher-Risk Settings, as set forth in Section 3 below. This Order also sets forth a number of important recommendations by the Health Officer in response to the continued risks posed by COVID-19 in our community. The Health Order rescinds mandatory vaccination and testing requirements that previously applied to high-risk settings such as health care facilities and jails. In addition, with respect to settings such as City Council and Board and Commission meetings, the Health Order provides: Recommendations from the Health Officer. The Health Officer urges all businesses and governmental entities and individuals to follow the recommendations set forth below: Page 2 a. All eligible persons are strongly urged to get vaccinated and remain up to date with the latest recommended booster against COVID-19 as soon as possible, including receiving the most recent bivalent COVID-19 booster. b. Businesses and governmental entities should continue to implement mandatory vaccination requirements for all personnel, subject only to the limited exemptions required by law. Business and governmental entities are encouraged to continue to set forth more stringent standards for those working in Higher-Risk Settings or similar settings that may pose a greater risk to personnel, clients, or the public. c. Any person, vaccinated or unvaccinated, who has any symptoms consistent with COVID-19 should get tested immediately and avoid contact with others pending test results. Strong Recommendation to Continue Universal Use of Face Coverings Indoors. The Health Officer continues to strongly recommend that all persons continue to wear Face Coverings when in indoor settings with shared air space with persons outside their household, consistent with the provisions of the Health Officer’s prior August 2, 2021 Face Covering Order. The Health Officer further recommends that all businesses and governmental entities likewise continue to require use of Face Coverings in all indoor settings with shared airspace. To continue proceeding under the streamlined provisions for teleconferencing authorized under AB 361, Council will need to make the follow finding, contained in today’s Consent Agenda item: State or local officials continue to impose or recommend measures to promote social distancing. It is a judgment call for Council to make whether the current circumstances, including the Health Officer’s strong recommendation to continue use of face coverings indoors, is a sufficient basis for making the AB 361 finding. We are informed that some cities in our region that have been holding fully remote meetings may decide, in light of the September 12th Health Order, to cease making the AB 361 findings. If Council elects not to approve the AB 361 findings, this will mean that all Brown Act teleconference requirements will need to be followed in the event any Council Member is participating remotely: • At least a quorum of the legislative body must participate from locations within the local agency’s jurisdiction; • Each teleconference location must be specifically identified in the notice and agenda of the meeting, including a full address and room number, as may be Page 3 applicable; • Agendas must be posted at each teleconference location, even if a hotel room or a residence; • Each teleconference location, including a hotel room or residence, must be accessible to the public and have technology, such as a speakerphone, to enable the public to participate; • The agenda must provide the opportunity for the public to address the legislative body directly at each teleconference location; and • All votes must be by roll call Note that these requirements effectively prohibit remote participation from a vehicle or other location where advance posting and concurrent public attendance is not feasible. Also notably, on September 13, 2022, Governor Newsom signed Assembly Bill 2449 (AB 2449) into law. With an effective date of January 1, 2023, AB 2449 authorizes a local agency to use teleconferencing without requiring that each teleconference location be identified in the notice and agenda and accessible to the public if at least a quorum of the members of the legislative body participates in person. A member of the legislative body may participate remotely using the streamlined procedures only where specified circumstances that are defined in the statute are met. Members may use these procedures no more than two times per year, and approval of the legislative body is required. Staff will provide further information about how to use AB 2449 as the effective approaches. Finally, if Council decides not to make the AB 361 findings, Council may wish to clarify whether this decision will apply only to Council or will also apply to the City’s Boards and Commissions. Council can provide this direction by pulling the item from Consent hearing it this evening on the Action agenda.