HomeMy WebLinkAboutCC Reso 2022-50 - Implementing Teleconferencing Requirements for COVID RESOLUTION NO. 2022-50
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH IMPLEMENTING
TELECONFERENCING REQUIREMENTS FOR CITY COUNCIL AND BOARD AND
COMMISSION MEETINGS DURING A PROCLAIMED STATE OF EMERGENCY DUE TO THE
COVID-19 PANDEMIC
WHEREAS:
1. The City of Ukiah is committed to preserving and nurturing public access and participation in
meetings of the City Council and its Boards and Commissions; and
2. All meetings of City's legislative bodies are open and public, as required by the Ralph M.
Brown Act, so that any member of the public may attend, participate, and watch the City's
legislative bodies conduct their business;
3. The Brown Act allows for legislative bodies to hold meetings by teleconference, but imposes
specific requirements for doing so; and
4. On March 17, 2020, in order to address the need for public meetings during the present public
health emergency, i.e. the COVID-19 Pandemic, Governor Newsom issued Executive Order
No. N-29-20, suspending the Act's teleconferencing requirements; and
5. On June 11, 2021, Governor Newsom issued Executive Order No. N-8-21, continuing the
suspension of the Brown Act's teleconferencing requirements through September 30, 2021;
and
6. The State Legislature amended the Brown Act through Assembly Bill No. 361 (AB 361) on
September 16, 2021; and
7. AB 361, codified in part at Government Code section 54953(e), makes provisions for remote
teleconferencing participation in meetings by members of a legislative body, without
compliance with the requirements of Government Code section 54953(b)(3), subject to the
existence of certain conditions; and
8. Such conditions now exist in the City, specifically, the Governor has proclaimed a state of
emergency exists for the state of California due to the conditions caused by the COVID-19
pandemic and the impact on the health and safety of its residents; and
9. The Omicron BA.5 variant is highly transmissible in indoor spaces, the California Department
of Public Health is currently investigating how long vaccine protection lasts, and the Center for
Disease Control and Prevention recommends avoiding indoor spaces that do not offer fresh
air from the outdoors;
10. Current County health orders impose or measures to promote social distancing due to health
and safety concerns; and
1
11. In accordance with Assembly Bill 361, the City Council does hereby find that as a result of the
emergency, meeting in person would present imminent risks to the health or safety of
attendees and the Council desires to authorize continued remote teleconferenced meetings of
its legislative bodies; and
12. As a consequence of the local emergency, the City Council does hereby find that the
legislative bodies of the City shall conduct their meetings without compliance with Government
Code § 54953(b)(3), as authorized by § 54953(e), and that such legislative bodies shall
comply with the requirements to provide the public with access to the meetings as prescribed
in § 54953(e)(2); and
13. The City has taken measures to conduct public meetings via virtual tools that allow members
of its legislative bodies and members of the public to join and participate in meetings remotely
and provide public testimony in the virtual environment and via teleconference.
NOW, THEREFORE, the City Council for the City of Ukiah hereby finds, determines, declares,
orders, and resolves as follows:
1. That the foregoing recitals are true and correct and incorporates them by this reference; and
2. The Governor of the State of California issued a Proclamation of State of Emergency, which
remains in effect; and
3. County of Mendocino officials have imposed or recommended measures to promote social
distancing; and
4. Meeting in person would present imminent risk to the health or safety of attendees; and
5. The City Council of the City of Ukiah has reconsidered the circumstances of the State of
Emergency, and finds that:
a. The factors triggering the State of Emergency continue to directly impact the ability of
the members of the legislative bodies of the City of Ukiah, their staff, and members
of the public to meet safely in person; and
b. State and County officials continue to impose or recommend measures to promote
social distancing.
6. The City Manager or his designee and the legislative bodies of the City of Ukiah are
authorized to take all steps and perform all actions necessary to execute and implement this
Resolution in compliance with Government Code § 54953; and
7. This Resolution shall take effect immediately upon its adoption and shall be effective until the
earlier of (i) September 16th, 2022, or (ii) such time the City Council adopts a subsequent
resolution in accordance with Government Code section 54953(e)(3) to extend the time during
which the legislative bodies of the City may continue to teleconference without compliance
with paragraph (3) of subdivision (b) of§ 54953(b)(3).
PASSED AND ADOPTED this 17th day of August, 2022, by the following roll call vote:
2
AYES: Councilmembers Crane, Orozco, Rodin, Duenas, and Mayor Brown
NOES: None
ABSENT: None
ABSTAIN: None
J' Brown, Mayor
ATTEST: t
f �
K 1stine Lawler, City Clerk
3