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Home My WebLink AboutAGENDA REPORT 2022 0202 CCSA REG ITEM 10FCITY OF MOORPARK,  CALIFORNIA City Council Meeting of February 2, 2022 ACTION Approved Staff Recommendation, Including Adoption of Resolution No. 2022- 4072. (Roll Call Vote: Unanimous). BY B Garza. F.Consider Resolution Authorizing the Continuation of 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 February 3, 2022, through March 6, 2022, and Making Findings and Determinations Regarding the Same. Staff Recommendation: Adopt Resolution No. 2022-4072 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 February 3, 2022, through March 6, 2022, and making findings and determinations regarding the same. (Staff: Ky Spangler, City Clerk) Item: 10.F. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Ky Spangler, City Clerk DATE: 02/02/2022 Regular Meeting SUBJECT: Consider Resolution Authorizing the Continuation of 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 February 3, 2022, through March 6, 2022, and Making Findings and Determinations Regarding the Same SUMMARY Staff recommends that the City Council adopt a Resolution continuing to authorize the public meetings of all legislative bodies of the City of Moorpark to be held with a teleconference option for members of those bodies and the public pursuant to Government Code Section 54953(e) and making findings and determinations in compliance with that law. DISCUSSION 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 relaxed Brown Act rules expired on September 30, 2021. In light of the ongoing COVID-19 pandemic, the Legislature passed Assembly Bill (AB) 361 which became effective October 1, 2021, and which continued relaxed teleconferencing requirements for agencies that want to continue to allow remote teleconference attendance provided that 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. Item: 10.F. 344 Honorable City Council 02/02/2022 Regular Meeting Page 2 Moorpark City Council meetings and meetings of its other legislative bodies returned to in- person meetings effective April 1, 2021, and have permitted in-person attendance of the public subject to current Public Health Official guidance including social distancing and face covering requirements. Additionally, a virtual format (Zoom) option for public participation has also been provided since that time. However, due to the recent increase in COVID-19 cases as a result of the Omicron variant, on January 19, 2022, the City Council considered and adopted Resolution No. 2022-4068 authorizing public meetings from January 3, 2022, through February 3, 2022, to be held using a teleconferencing option for members of City legislative bodies and associated findings in accordance with the procedures required under AB 361. The procedures required under 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. 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. AB 361 requires that the City Council review these requirements every 30 days, to determine whether City Council and other City legislative body meetings are still occurring during a proclaimed state of emergency, and whether state or local officials have imposed or recommended measures to promote social distancing. Staff recommends that the City Council reaffirm and readopt the same findings made in Resolution No. 2022-4068, extending the teleconferenced meeting option for an additional 30 days from February 3, 2022, through March 6, 2022 (30 calendar days). 345 Honorable City Council 02/02/2022 Regular Meeting Page 3 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 February 3, 2022, through March 6, 2022, and making findings and determinations regarding the same. Attachment: Draft Resolution No. 2022-____ 346 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 FEBRUARY 4, 2022, THROUGH MARCH 6, 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 347 Resolution No. 2022-____ Page 2 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 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); and WHEREAS, on January 19, 2022, the City Council determined that the City Council and all of the City’s legislative bodies shall conduct their meetings pursuant to Government Code Section 54953(e), and adopted Resolution No. 2022-4068; and WHEREAS, Assembly Bill 361 requires the City Council reconsider the findings made in Resolution No. 2022-4068 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. 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 February 3, 2022, through March 6, 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. 348 Resolution No. 2022-____ Page 3 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 2nd day of February 2022. _______________________________ Janice S. Parvin, Mayor ATTEST: ________________________________ Ky Spangler, City Clerk 349