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Home My WebLink AboutAGENDA REPORT 2022 0119 CCSA REG ITEM 10ICITY OF MOORPARK, CALIFORNIA City Council Meeting of January 19, 2022 ACTION ADOPTED RESOLUTION NO. 2022-4068. (ROLL CALL VOTE: UNANIMOUS). BY K. Spangler. I. Consider Resolution Authorizing Public Meetings of All City Legislative Bodies to be Held with a Teleconference Option for Members of those Bodies and the Public Pursuant to Government Code Section 54953(e) from January 3, 2022, through February 3, 2022, and Making Findings and Determinations Regarding the Same. Staff Recommendation: Adopt Resolution No. 2022-4068 Authorizing Public Meetings of All City Legislative Bodies to be Held with a Teleconference Option for Members of those Bodies and the Public Pursuant to Government Code Section 54953(e) from January 3, 2022, through February 3, 2022, and Making Findings and Determinations Regarding the Same. (Staff: Ky Spangler, City Clerk). Item: 10.I. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Ky Spangler, City Clerk DATE: 01/19/2022 Regular Meeting SUBJECT: Consider Resolution Authorizing Public Meetings of All City Legislative Bodies to be Held with a Teleconference Option for Members of those Bodies and the Public Pursuant to Government Code Section 54953(e) from January 3, 2022, through February 3, 2022, and Making Findings and Determinations Regarding the Same SUMMARY In response to the ongoing Coronavirus (COVID-19) pandemic, the California Legislature passed Assembly Bill (“AB”) 361, effective October 1, 2021, extending relaxed teleconferencing requirements allowed under Governor Newsom’s Executive Order N-29-20 issued on March 17, 2020, which permitted members of a legislative body to meet virtually in an effort to preserve health and safety. Given the current increase in COVID-19 cases due to the Omicron variant, staff is recommending City Council adopt a Resolution making findings and determinations to permit virtual attendance at meetings of City legislative bodies from January 3 through February 3, 2022 by those members seeking that option. BACKGROUND On March 17, 2020, near the beginning of the COVID-19 pandemic, Governor Newsom issued Executive Order (“EO”) N-29-20 that “relaxed” the teleconferencing requirements of the Brown Act to facilitate virtual meetings during the COVID-19 declared emergency. The Moorpark City Council, Planning Commission, Arts Commission, Parks & Recreation Commission, Library Board and Standing Committees met remotely during 2020, and returned to in-person meetings effective April 1, 2021. Upon return to in- person meetings, the City has continued to provide remote participation capabilities for members of the public to attend meetings and provide public comment in a virtual fashion. The relaxed Brown Act rules within EO N-29-20 expired on September 30, 2021.In its place, the Legislature passed AB 361, which became effective October 1, 2021. Under AB 361, the Brown Act now provides that a Brown Act body, such as the City Council or a City Commission, that wants to continue to allow remote teleconference attendance Item: 10.I. 462 Honorable City Council 01/19/2022 Regular Meeting Page 2 by one or more its members may do so only if the Brown Act body makes one of three potential findings: (1) that it is meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measure to promote social distancing; (2) the Brown Act body determines by majority vote that, whether as a result of the emergency, meeting in person would present an imminent risk to the health or safety of attendees; or (3) that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. AB 361 requires that the City Council review these requirements every 30 days, to determine whether in person meetings of the City Council and other City legislative bodies would present imminent risks to the health and safety of attendees. DISCUSSION Due to the present increase in COVID-19 cases due to the Omicron variant, staff is bringing forward AB 361’s procedures and required findings for the Council’s consideration to permit remote attendance by those members of the City Council and those members of all other legislative bodies of the City who prefer to participate remotely during the period of January 3, 2022 through February 3, 2022, along with continuing to permit members of each body to attend in-person and for the public to attend in person and by remote teleconference (currently Zoom). City staff has prepared a proposed Council Resolution for consideration and adoption which makes the findings required by AB 361 that City’s legislative bodies continue to hold meetings during the COVID-19 pandemic, and state and local officials have imposed or recommend measures to promote social distancing. Should the City Council adopt proposed Resolution, the City needs to follow certain procedures for its meetings. Those certain procedures required by AB 361 include the following: •The City cannot require public comments to be submitted in advance of the meeting. •Agencies may not close a public comment period until members of the public are given the opportunity to register and the time for that comment period has elapsed, whether it is for a specific agenda item or a general comment period. If an agency does not provide a timed public comment period, but takes public comment separately on each agenda item, it must allow a reasonable amount of time per agenda item to allow members of the public the opportunity to provide public comment, including time to register or “otherwise be recognized for the purpose of providing public comment.” •In the event of a disruption that prevents the City from broadcasting the remote meeting, or in the event of a disruption within the City’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, AB 361 prohibits the legislative body from taking any further action on items appearing on the meeting agenda until public access to the meeting via the call-in or internet-based options is restored. 463 Honorable City Council 01/19/2022 Regular Meeting Page 3 It should be noted that the City currently encourages, but does not require, written public comments be submitted in advance of the meeting, gives members of the public the opportunity to speak during the public comment period, and also provides the opportunity to be recognized to speak on each agenda item. To date, the City has not experienced disruptions in broadcasting remote meetings, nor has it experienced technical difficulties within the City’s control that have prevented a member of the public from being able to comment on an agenda item. FISCAL IMPACT There is no significant financial effect to the City for invoking the procedures under AB 361. The City will continue to incur some cost by using Zoom at meetings for public attendance, and limited staff time would be incurred in preparing an agenda item to make monthly findings as to the need for the continued remote attendance by members, should such findings be required. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Adopt Resolution No. 2022-____ Authorizing Public Meetings of All City Legislative Bodies to be Held with a Teleconference Option for Members of those Bodies and the Public Pursuant to Government Code Section 54953(e), from January 3, 2022, through February 3, 2022, and Making Findings and Determinations Regarding the Same. Attachment: Resolution No. 2022-____ 464 ATTACHMENT RESOLUTION NO. 2022-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING PUBLIC MEETINGS OF ALL CITY LEGISLATIVE BODIES TO BE HELD WITH A TELECONFERENCE OPTION FOR MEMBERS OF THOSE BODIES AND THE PUBLIC PURSUANT TO GOVERNMENT CODE SECTION 54953(E) FOR THE PERIOD FROM JANUARY 3, 2022 THROUGH FEBRUARY 3, 2022, AND MAKING FINDINGS AND DETERMINATIONS REGARDING THE SAME WHEREAS, the City Council of the City of Moorpark, California is committed to public access and participation in its meetings and the meetings of all City legislative bodies while balancing the need to conduct public meetings in a manner that reduces the likelihood of exposure to COVID-19 and to support physical distancing during the COVID-19 pandemic; and WHEREAS, all meetings of the City Council and other City legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code, § 54950 et seq.), so that any member of the public may attend, participate, and watch the City Council and other City legislative bodies conduct their business; and WHEREAS, pursuant to Assembly Bill 361, signed by Governor Newsom and effective on October 1, 2021, legislative bodies of local agencies may hold public meetings via teleconferencing pursuant to Government Code Section 54953(e), without complying with the requirements of Government Code Section 54953(b)(3), if the legislative body complies with certain enumerated requirements in any of the following circumstances: 1.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. 2.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. 3.The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency in response to the COVID-19 pandemic (the “Emergency”); and WHEREAS, the Centers for Disease Control and Prevention continue to advise that COVID-19 spreads more easily indoors than outdoors and that people are more likely to be exposed to COVID-19 when they are closer than six feet apart from others for longer periods of time; and 465 Resolution No. 2022-____ Page 2 WHEREAS, due to the ongoing COVID-19 pandemic and the need to promote social distancing to reduce the likelihood of exposure to COVID-19, the City Council and all City legislative bodies intend to continue to hold public meetings with an option for members of those bodies and the public to attend by teleconference pursuant to Government Code Section 54953(e). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals provided above are true and correct and are hereby incorporated by reference. SECTION 2. The City’s legislative bodies are continuing to hold meetings during the Emergency, and state and local officials, including the City Council and the Centers for Disease Control and Prevention, have imposed or recommend measures to promote social distancing. SECTION 3. For the period of January 3, 2022 through February 3, 2022, the City Council and all of the City’s legislative bodies shall conduct their meetings pursuant to Government Code Section 54953(e). Any extension of the time period specified herein shall be approved by separate resolution. SECTION 4. Staff is hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code Section 54953(e) and other applicable provisions of the Brown Act during the time period specified in Section 3 of this Resolution. SECTION 5. The City Council may reconsider the above findings within thirty days of adoption of this Resolution and extend the duration of the City’s utilization of the procedures specified in Government Code Section 54953(e), if conditions warrant, by the adoption of a separate resolution containing required findings. SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 19th day of January 2022. _______________________________ Janice S. Parvin, Mayor ATTEST: ________________________________ Ky Spangler, City Clerk 466