Title
Adoption of Uncodified Urgency Ordinance Continuing the Suspension During the Local Emergency due to the COVID-19 Pandemic of Certain Provisions of the City’s “Sunshine Ordinance” to the Extent Inconsistent with Assembly Bill No. 361 and Executive Order N-15-21 of the Governor of the State of California Arising from the State of Emergency Caused by the COVID-19 Pandemic [Requires four affirmative votes]; and
Recommendation to Approve Findings to Allow City Meetings to be Conducted via Teleconference. (City Clerk 10022020/City Attorney 10023040)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
Every 30 days, the City Council must make certain findings in order to continue to conduct City of Alameda (City) meetings via teleconference, as they have been conducted since March 2020.
BACKGROUND
The City has been holding meetings via teleconference since March 2020 due to the COVID-19 pandemic. Executive Order N-08-21 suspended certain Ralph M. Brown Act requirements expiring on September 30, 2021. On September 16, 2021, the Governor signed Assembly Bill No. 361 - Open Meetings: State and Local Agencies (AB 361), taking effect immediately, authorizing local agencies to conduct meetings via teleconference without complying with certain requirements imposed by the Brown Act. On September 20, 2021, the Governor issued Executive Order N-15-21 clarifying that cities and counties could continue conducting meetings in this way if certain findings are made.
This agenda report and the urgency ordinance are being presented so meetings can continue to be conducted via teleconference, notwithstanding certain provisions of the Brown Act and the City’s Sunshine Ordinance.
DISCUSSION
AB 361, recently signed by the Governor, requires the City Council to make findings (set forth below) every 30 days to continue conducting meetings via teleconference without complying with certain requirements imposed by the Brown Act, such as the agenda listing teleconference locations that are each accessible to the public for in person attendance.
Due to the continuation of the COVID-19 pandemic, staff recommends that the City Council consider the circumstances of the state of emergency and find that the state of emergency continues to directly impact the ability of the members and the public to meet safely in person and because State and local officials, including the City, continue to recommend measures to promote social distancing.
Accordingly, pursuant to Government Code Section 54953(e)(3), staff recommends that the Council make the following findings by motion:
1. The state of emergency, as declared by the Governor of the state of California, continues to directly impact the ability of the members to meet safely in person; and
2. State and local officials, including the City Council of the City of Alameda, continue to recommend measures to promote social distancing.
If the City Council approves the accompanying uncodified urgency ordinance and the requisite findings, meetings may continue to be conducted via teleconference immediately. Although applicable law only requires a majority vote concerning the requisite findings, the accompanying urgency ordinance requires a four affirmative votes of the City Council to take effect.
ALTERNATIVES
Approve the findings and urgency ordinance to allow teleconferencing to continue in the same fashion.
If the City Council elects not to approve the findings and urgency ordinance, meetings via teleconference would have to comply with Government Code Section 54953(b)(3), which states: “If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.”
FINANCIAL IMPACT
There is no financial impact from approving the findings.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
Alameda Municipal Code Section 2-91.3, Meetings to be Open and Public; Application of Brown Act.
ENVIRONMENTAL REVIEW
Environmental review is not required approve the findings, as teleconference of meetings is not a project under CEQA.
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Adopt an Uncodified Urgency Ordinance continuing the suspension during the local emergency due to the COVID-19 pandemic of certain provisions of the City’s “Sunshine Ordinance” to the extent inconsistent with Assembly Bill No. 361 and Executive Order N-15-21 of the Governor of the State of California arising from the State of Emergency caused by the COVID-19 pandemic; and approve findings to allow City meetings to be conducted via teleconference.
CITY MANAGER RECOMMENDATION
The City Manager recommends approval.
Respectfully submitted,
Lara Weisiger, City Clerk
John D. Lê, Assistant City Attorney
Financial Impact section reviewed,
Annie To, Finance Director
Exhibit:
1. Assembly Bill No. 361
cc: Eric Levitt, City Manager
Gerry Beaudin, Assistant City Manager