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Home My WebLink AboutAgenda Packet - CC - 2022.01.18 Regular SessionCity of Burlingame BURLINGAME F, Meeting Agenda - Final City Council Tuesday, January 18, 2022 7:00 PM BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 On September 16, 2021, Governor Newsom signed into law AB 361 which allows a local agency to meet remotely when: The local agency holds a meeting during a declared state of emergency 2. State or local health officials have imposed or recommended measures to promote social distancing 3. Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees On December 20, 2021, the City Council adopted Resolution Number 153-2021 stating that the City Council and Commissions will continue to meet remotely for at least thirty days for the following reasons: 1. There is still a declared state of emergency 2. County Health Orders require that all individuals in public spaces maintain social distancing and wear masks 3. The City can't maintain social distancing requirements for the public, staff, Councilmembers, and Commissioners, in their meeting spaces Pursuant to Resolution Number 153-2021, the City Council Chambers will not be open to the public for the January 18, 2022 Regular Meeting. Members of the public may view the meeting by logging into the Zoom Webinar listed below. Additionally, the meeting will be streamed live on YouTube and uploaded to the City's website after the meeting. Members of the public may provide written comments by email to publiccomment@burlingame.org. Emailed comments should include the specific agenda item on which you are commenting. Note that your comment concerns an item that is not on the agenda nor on the Consent Calendar. The length of the emailed comment should be commensurate with three minutes customarily allowed for verbal comments, which is approximately 250-300 words. To ensure that your comment is received and read to the City Council for the appropriate agenda item, please submit your email no later than 5:00 p.m. on January 18, 2022. The City will make every effort to read emails received after that time, but cannot guarantee such emails will be read into the record. Any emails received after the 5:00 p.m. deadline which are not read into the record, will be provided to the City Council after the meeting. Online City of Burlingame Page 1 Printed on 111312022 City Council Meeting Agenda - Final January 18, 2022 1. CALL TO ORDER - 7:00 p.m. - Online To access the meeting by computer: Go to www.zoom.us/join Meeting ID: 839 2574 7662 Passcode:425926 To access the meeting by phone: Dial 1-669-900-6833 Meeting ID: 839 2574 7662 Passcode:425926 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REPORT OUT FROM CLOSED SESSION 5. UPCOMING EVENTS 6. PRESENTATIONS a. Proclamation Recognizing January as National Slavery and Human Trafficking Prevention t\A^n+h 7. PUBLIC COMMENTS, NON -AGENDA Members of the public may speak about any item not on the agenda. Members of the public wishing to suggest an item for a future Council agenda may do so during this public comment period. The Ralph M. Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter that is not on the agenda. 8. APPROVAL OF CONSENT CALENDAR Consent calendar items are usually approved in a single motion, unless pulled for separate discussion. Any member of the public wishing to comment on an item listed here may do so by submitting a speaker slip for that item in advance of the Council's consideration of the consent calendar. a. Aooroval of Citv Council Meetina Minutes for the December 8. 2021 Closed Session Attachments: Meeting Minutes b. Approval of City Council Meeting Minutes for the December 20, 2021 Closed Session Attachments: Meeting Minutes City of Burlingame Page 2 Printed on 111312022 City Council Meeting Agenda - Final January 18, 2022 C. Approval of City Council Meeting Minutes for the December 20, 2021 Regular Meeting Attachments: Meeting Minutes d. ADDroval of Citv Council Meetina Minutes for the January 3. 2022 Closed Session Attachments: Meeting Minutes e. Approval of City Council Meeting Minutes for the January 3, 2022 Regular Meeting Attachments: Meeting Minutes f. Adoption of an Ordinance of the Citv of Burlinaame Reoealina Chatter 2.19 of Title 2 of the Burlingame Municipal Code; and Adding Chapter 2.18 to Title 2 of the Burlingame Municipal Code to Provide for the Election of Members of the City Council By Five Districts, Establishing the Boundaries and Identification Number of Each District, and Establishing the Election Order of Each District; CEQA Determination: Exempt Pursuant to State CEQA Guidelines Section 15378, 15601(b)(3) Attachments: Staff Report Proposed Ordinance Exhibit A Introduction Staff Report - January 3, 2022 g. Adoption of a Resolution Establishing a Public Hearing Date Regarding Solid Waste Rate Increases for Calendar Year 2022 Attachments: Staff Report Resolution Prop 218 Notice Exhibit I - SBWMA Rate Adlustment h. Adoption of a Resolution to Continue Conductina Citv Council and Commission Meetinas Remotely Due to Health and Safety Concerns for the Public Attachments: Staff Report Resolution Governor's Executive Order N-29-20 Governor's Executive Order N-08-21 9. PUBLIC HEARINGS (Public Comment) City of Burlingame Page 3 Printed on 111312022 City Council Meeting Agenda - Final January 18, 2022 a. Adoption of a Resolution Setting a Parklet Cleaning Fee Structure and Amending the Master Fee Schedule Accordingly Attachments: Staff Report Resolution 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. Consideration of One Appointment to the Library Board of Trustees to Fill the Remainder of a Term Attachments: Staff Report b. Discussion of Automated License Plate Readers (ALPR) Attachments: Staff Report 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Councilmembers report on committees and activities and make announcements. 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS The agendas, packets, and meeting minutes Commission, Beautification Commission, Parks Trustees are available online at www.burlingame.org. 14. ADJOURNMENT for the Planning Commission, Traffic, Safety & Parking & Recreation Commission, and the Library Board of Notice: Any attendees who require assistance, a disability related modification, or language assistance in order to participate in the meeting should contact Meaghan Hassel -Shearer, City Clerk by 10:00 a.m. on Tuesday, January 18, 2022 at (650) 558-7203 or at mhasselshearer@burlingame.org. Any individual who wishes to request an alternative format for the agenda, meeting notice, or other writings that may be distributed at the meeting should contact Meaghan Hassel -Shearer, City Clerk by 10:00 a.m. on Tuesday, January 18, 2022 at (650) 558-7203 or at mhasselshearer@burlingame.org. NEXT CITY COUNCIL MEETING City Council Annual Goal Setting Session Saturday, January 29, 2022 at 9:00 a.m. Regular City Council Meeting Monday, February 7, 2022 at 7:00 p.m. VIEW REGULAR COUNCIL MEETING ONLINE www.burlingaem.org/video Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection via www.burlingame.org or by emailing City Clerk Meaghan Hassel -Shearer at mhasselshearer@burlingame.org. If you are unable to obtain information via the City's website or through email, contact the City Clerk at (650) 558-7203. City of Burlingame Page 4 Printed on 111312022 CITY O BURLINGAME BURLINGAME CITY COUNCIL Unapproved Minutes Closed Session on December 8, 2021 CALL TO ORDER Agenda Item: 8a Meeting Date: January 18, 2022 A duly noticed meeting of the Burlingame City Council was held on the above date via Zoom at 6:00 p.m. 2. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 3. PUBLIC COMMENTS There was no public comment. 4. CLOSED SESSION a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GOVERNMENT CODE SECTION 54957) TITLE: CITY MANAGER b. CONFERENCE WITH LABOR NEGOTIATORS (GOVERNMENT CODE SECTION 54957.E AGENCY DESIGNATED REPRESENTATIVES: CITY COUNCIL UNREPRESENTED EMPLOYEE: CITY MANAGER LISA K. GOLDMAN Direction was given but no reportable action was taken. 14. ADJOURNMENT Mayor O'Brien Keighran adjourned the meeting at 7:25 p.m. Respectfully submitted, Meaghan Hassel -Shearer City Clerk CITY O BURLINGAME BURLINGAME CITY COUNCIL Unapproved Minutes Closed Session on December 20, 2021 1. CALL TO ORDER Agenda Item: 8b Meeting Date: January 18, 2022 A duly noticed meeting of the Burlingame City Council was held on the above date via Zoom at 6:40 p.m. 2. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 3. PUBLIC COMMENTS There was no public comment. 4. CLOSED SESSION a. CONFERENCE WITH LABOR NEGOTIATORS (GOVERNMENT CODE SECTION 54957.E AGENCY DESIGNATED REPRESENTATIVES: CITY COUNCIL UNREPRESENTED EMPLOYEE: CITY MANAGER LISA K. GOLDMAN Direction was given but no reportable action was taken. 14. ADJOURNMENT Mayor O'Brien Keighran adjourned the meeting at 6:56 p.m. Respectfully submitted, Meaghan Hassel -Shearer City Clerk Agenda Item 8c Meeting Date: January 18, 2022 CITY BURLINGAME yffix.- jb-OV, BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting on December 20, 2021 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date online at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Mayor O'Brien Keighran. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION a. CONFERENCE WITH LABOR NEGOTIATORS (GOVERNMENT CODE SECTION 54957.6) AGENCY DESIGNATED REPRESENTATIVES: CITY COUNCIL UNREPRESENTED EMPLOYEE: CITY MANAGER LISA K. GOLDMAN City Manager Goldman reported that direction was given, but no reportable action was taken. 5. UPCOMING EVENTS Mayor O'Brien Keighran reviewed the upcoming events taking place in the city. 6. PRESENTATIONS a. UPDATE FROM HIP HOUSING HIP Housing Program Director Laura Fanucchi stated that she delivered the 2022 HIP Housing calendar to City Hall for all the Councilmembers. She explained that HIP Housing received over 100 entries for the calendar, with two winners from Burlingame. She introduced Burlingame kindergartner Pepper, who was one of the winners. Burlingame City Council December 20, 2021 Unapproved Minutes Agenda Item 8c Meeting Date: January 18, 2022 Pepper read her quote, which is featured on the month of March. It states, "I love my house because it's so beautiful and so powerful. And because my family is there and without them I'd be alone and I'd have to say goodnight to myself." Ms. Fanucchi stated that the mission of HIP Housing is giving people a safe place to call home. She noted that HIP Housing will be celebrating its 50th anniversary in 2022. The Council thanked Ms. Fanucchi for all the hard work of HIP Housing and congratulated Pepper on her winning picture and quote! b. UPDATE FROM THE MEASURE I OVERSIGHT COMMITTEE Measure I Oversight Committee member Stephanie Lee stated that the Committee's role is to review how Measure I funds are utilized. She explained that the committee met on November 8 via Zoom to review the reports prepared by Finance Director Yu -Scott. She noted that the Committee members asked a lot of questions and found that the funds were appropriately spent. She added that the Committee was happy to see that the Measure I revenue was back to pre- COVID health. Ms. Lee thanked the Council and staff for reminding the public to shop locally. Mayor O'Brien Keighran thanked Ms. Lee for the update. c. UPDATE ON COMMUNITY CENTER Parks and Recreation Director Glomstad stated that the Community Center is coming along! She reviewed the timeline of the project: Milestones Completion Date Project Start-up May 2020 Structural Steel Aril 2021 Underground Parking Garage June 2021 Tape & Finish Drywall December 2021 Concrete Paving & Exterior Facades February 2022 Interior Painting February 2022 Landscaping April 2022 Soft Opening & Move -in May 23, 2022 Open to the Public June 13, 2022 Parks and Recreation Director Glomstad showed pictures of the progress inside the new Community Center. Burlingame City Council December 20, 2021 Unapproved Minutes Agenda Item 8c Meeting Date: January 18, 2022 Parks and Recreation Director Glomstad reviewed the successes and challenges that the project has faced: Successes Challenges Project is on budget and on schedule Increased cost of some materials due to COVID Main structure is 80% complete Scarcity/availability of some materials due to COVID HVAC installation is complete Soil conditions required additional work Paving throughout is 60% complete Extended hours to maintain schedule Building is electrified Enclosing the building before significant rain PV panel installation to be completed mid - January Next, Parks and Recreation Director Glomstad reviewed the project's budget: Budget Change Orders Updated Budget Architects $3,725,963 $100,822 $3,826785 Construction Manager $1,098,580 $291,000 $1,389,580 General Contractor $40,138,000 $1,696,685 $41,834,685 Fees/Testing/Temporary Facilities $866,297 $258,987 $1,125,284 FFEs $559,057 $559,057 Photovoltaic Panels $1,129,156 $384,255 $744,901 Contingencies $5,125,951 $3,162,712 Total $52,643,004 $1,963,239 $52,643,004 Councilmember Brownrigg asked how remaining contingency funds would be spent after the project is completed. Parks and Recreation Director Glomstad stated that any funds not used would be returned to the General Fund. Councilmember Colson asked if furnishings were included in the budget. Parks and Recreation Director Glomstad stated that some of the furnishings would be purchased utilizing contingency funds and noted that the City is also fundraising for items. Councilmember Colson asked if the City received a grant for the photovoltaic panels. City Manager Goldman stated that the funds for that are tied up in a Congressional appropriations bill, and it is not clear if the bill will pass. Burlingame City Council December 20, 2021 Unapproved Minutes Agenda Item 8c Meeting Date: January 18, 2022 Parks and Recreation Director Glomstad discussed the City's fundraising efforts and thanked those who had made donations. She discussed how funding from the Jenia Johnson Trust would be utilized to provide seniors with free lunches, coffee, and tea for the first few years. She noted that staff is hoping to undertake similar programs in the teen space and other rooms. Mayor O'Brien Keighran thanked Parks and Recreation Director Glomstad for the presentation. She noted that it has been great to watch this project unfold and is looking forward to the grand opening. 7. PUBLIC COMMENTS There were no public comments. 8. CONSENT CALENDAR Mayor O'Brien Keighran asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. No items were pulled. Councilmember Beach made a motion to adopt the Consent Calendar; seconded by Councilmember Brownrigg. The motion passed unanimously by roll call vote, 5-0. a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE DECMEBER 5, 2021 CLOSED SESSION City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the December 6, 2021 Closed Session b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE DECEMBER 6, 2021 REGULAR MEETING City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the December 6, 2021 Regular Meeting. c. ADOPTION OF AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 2.25 OF TITLE 2 OF THE BURLINGAME MUNICIPAL CODE REGARDING LIMITS ON CAMPAIGN CONTRIBUTIONS, CEOA DETERMINATION: EXEMPT PURSUANT TO STATE CEOA GUIDELINES SECTION 15378,15601(b)(3) City Clerk Hassel -Shearer requested Council adopt Ordinance Number 2001. d. ADOPTION OF AN ORDINANCE OF THE CITY OF BURLINGAM ADDING CHAPTER 2.26 TO TITLE 2 OF THE BURLINGAME MUNICIPAL CODE AUTHORIZING ELECTRONIC AND PAPER METHODS OF FILING CAMPAIGN FINANCIAL DISCLOSURE STATEMENTS (CEOA DETERMINATION: EXEMPT PURSUANT TO STATE CEOA GUIDELIENS Burlingame City Council December 20, 2021 Unapproved Minutes Agenda Item 8c Meeting Date: January 18, 2022 SECTION 15378, 15601(b)(3), AND ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE ELECTRONIC FILING OF STATEMENTS OF ECONOMIC INTERESTS (FORM 700) REQUIRED BY GOVERNMENT CODE SECTION 87200 ET SEQ. AND GOVERNMENT CODE SECTION 87300 ET SEQ. City Clerk Hassel -Shearer requested Council adopt Ordinance Number 2002 and Resolution Number 150-2021. e. ADOPTION OF A RESOLUTION ACCEPTING THE HOOVER SCHOOL AREA SIDEWALK IMPROVEMENTS ON SUMMIT DRIVE BY JJR CONSTRUCTION, INC. IN THE AMOUNT OF $221,919, CITY PROJECT NO. 84490, FEDERAL AID PROJECT NO. CML-5171(022) DPW Murtuza requested Council adopt Resolution Number 151-2021. f. ADOPTION OF RESOLUTION APPROVING THE PROCUREMENT OF FOUR VEHICLES FOR THE CITY'S FLEET SYSTEM AS PART OF THE FY 2021-22 VEHICLE REPLACEMENT PROGRAM IN THE AMOUNT OF $122,787.24 DPW Murtuza requested Council adopt Resolution Number 152-2021. g. ADOPTION OF A RESOLUTION TO CONTINUE CONDUCTING CITY COUNCIL AND COMMISSION MEETINGS REMOTELY DUE TO HEALTH AND SAFETY CONCERNS FOR THE PUBLIC City Clerk Hassel -Shearer requested Council adopt Resolution Number 153-2021. h. ADOPTION OF THE 2022 COUNCIL CALENDAR City Clerk Hassel -Shearer requested Council adopt the 2022 City Council Calendar i. ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2021 Finance Director Yu -Scott requested Council accept the Comprehensive Annual Finance Report for the Year ending June 30, 2021. 9. PUBLIC HEARINGS There were no public hearings. 10. STAFF REPORTS a. ANNUAL REPORT OF SUSTAINABILITY PROGRESS Burlingame City Council December 20, 2021 Unapproved Minutes Agenda Item 8c Meeting Date: January 18, 2022 Sustainability Coordinator Sigalle Michael discussed Peninsula Clean Energy ("PCE"). She noted that the City and all residents are enrolled in this program, and it is by far the largest greenhouse gas reduction strategy for the City. She explained that the City receives an annual PCE summary, which reported the following: PCE Impact Number of Accounts Estimated Savings 2020 GHG Emissions Avoided 2020 15,047 $948,501 23,705 MTCO2e Ms. Michael stated that since the beginning of 2021, PCE has been 100% carbon free. She added that PCE is targeting 2025 as the year they will be providing 100% renewable energy 24/7. Ms. Michael discussed SB 1383. She noted that the new law becomes effective on January 1, 2022, and enforcement begins two years later on January 1, 2024. She explained that under this law, all residents and businesses need to compost. She added that the law also requires the implementation of an edible food recovery program. Ms. Michael stated that the City is partnering with RethinkWaste, Recology, and the San Mateo County Office of Sustainability to comply with this law. Next, Ms. Michael discussed EV infrastructure. She noted that the City made a lot of headway with EV infrastructure this past year. She explained that in 2020, the City passed an EV action plan with the goal of 100 EV Stations and 5,000 registrations for electric vehicles by 2030. She stated that with the opening of the Highland Garage, there are now 36 EV stations in the city. She also reviewed a map showing existing EV stations and priority locations. Ms. Michael reviewed ongoing sustainability programs in the City including: • Implementation of the Reach Code • Bay Area SunShares • BAWSCA • Induction Cooktops • Plastic Bag Recycling • Outreach Ms. Michael discussed the City's progress on the Climate Action Plan: 2021 Action CAP Measure GHG Reduction by 2030 MTCO2e Clean Energy: PCE, 100% Measure 13 23,000 GHG-free electricity Zero Waste: SB 1383 Measure 18 4,000 EV Infrastructure: Measure 6 29 Highland Garage EV stations Burlingame City Council December 20, 2021 Unapproved Minutes Agenda Item 8c Meeting Date: January 18, 2022 Green Building: Reach Code Measures 11, 12, 14, and 15 4,000 Ms. Michael discussed the City's initiatives for 2022 including: • Implementation of disposable foodware ordinance • Outreach and compliance for SB 1383 • EV installation at Donnelly Garage • E-mobility: bike/scooter sharing, car sharing Vice Mayor Ortiz thanked Ms. Michael for her presentation. He asked if staff was considering adding EV stations in the parks. Ms. Michael replied in the affirmative. She added that the Community Center garage would also include EV stations. Councilmember Brownrigg thanked Ms. Michael for all her hard work and thanked her for collecting plastic bags at City facilities. He discussed the bins at City Hall and the library where individuals can drop off plastic. Councilmember Beach thanked Ms. Michael for her hard work and discussed her excitement about e-mobility programs. Councilmember Colson asked if next year her report could include an update about the electrification of Caltrain. Ms. Michael replied in the affirmative. Councilmember Colson discussed PCE's efforts and programs including EV bike reimbursement. She also discussed the need for additional signage alerting the public about the Highland Parking Garage. Mayor O'Brien Keighran thanked Ms. Michael for her presentation. 11. COUNCIL ASSIGNMENTS AND ANNOUNCMENTS There were no Council committee and activities reports. 12. FUTURE AGENDA ITEMS Mayor O'Brien Keighran asked for an update from PG&E and an explanation about power outages. The Council agreed to agendize this item. 13. ACKNOWLEDGEMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking Commission, Beautification Commission, Parks and Recreation Commission, and Library Board of Trustees are available online at www.burlin-ag me.org. Burlingame City Council December 20, 2021 Unapproved Minutes Agenda Item 8c Meeting Date: January 18, 2022 14. CEREMONIAL a. ROTATION OF COUNCILMEMBERS Mayor O'Brien Keighran thanked City of Millbrae Vice Mayor Papan and San Bruno Mayor Medina for being in attendance. Mayor O'Brien Keighran reviewed her year as mayor. She discussed the impact of COVID on every day life. She explained that it was impressive to watch how the community came together to assist one another during the pandemic. She discussed staff s commitment to keeping the community engaged by reopening the library and the plethora of events that Parks and Recreation put together. Mayor O'Brien Keighran discussed the transition to district elections. She noted that staff focused the transition on public input and community outreach. She thanked the City Clerk's Office for their work on this project. She added that she hoped future Council candidates would take a holistic approach to Council instead of focusing solely on their district. Mayor O'Brien Keighran discussed the impact of COVID on TOT and local businesses. She noted that the City worked with local businesses to create a parklet program. She thanked staff members Nil Blackburn and Joe Sanfilippo for their "Love Local Buy Local Choose Burlingame" initiative encouraging individuals to shop local. Mayor O'Brien Keighran reviewed the large projects that are underway in the City including affordable housing in downtown Burlingame, the North Rollins Road Specific Plan, and the Post Office project. Mayor O'Brien Keighran thanked the City staff and Council for their hard work over the year. Councilmember Colson thanked Mayor O'Brien Keighran for her years of service to the City and community. Mayor O'Brien Keighran opened the item up for public comment. City of Millbrae Vice Mayor Gina Papan thanked Mayor O'Brien Keighran for her dedication to the community and cooperation with the other cities in the county. Mayor O'Brien Keighran closed public comment. Mayor O'Brien Keighran explained how the Council's rotation works. She stated that in 1999, the Council adopted a formal rotation procedure to ensure that each Councilmember will become Mayor on a routine, pre -established order. She then introduced Ricardo Ortiz as the new Mayor and Michael Brownrigg as the new Vice Mayor. Mayor Ortiz thanked Mayor O'Brien Keighran for her dedication to the City. He thanked City Manager Goldman and City staff for their hard work. Burlingame City Council December 20, 2021 Unapproved Minutes Agenda Item 8c Meeting Date: January 18, 2022 Mayor Ortiz talked about the projects he is excited about in the new year including the opening of the community center, new housing units, Rollins Road Specific Plan, and much more. Councilmember Beach thanked Mayor O'Brien Keighran for her dedication this past year and stated that she looked forward to working with Mayor Ortiz this next year. Vice Mayor Brownrigg thanked Councilmember Beach, Mayor O'Brien Keighran, and City Manager Goldman for steering the City through the pandemic. Councilmember Colson stated that she looks forward to meeting with Mayor Ortiz. Mayor Ortiz thanked his colleagues. 15. ADJOURNMENT Mayor Ortiz adjourned the meeting at 8:24 p.m. Respectfully submitted, Meaghan Hassel -Shearer City Clerk Burlingame City Council December 20, 2021 Unapproved Minutes CITY O BURLINGAME BURLINGAME CITY COUNCIL Unapproved Minutes Closed Session on January 3, 2022 1. CALL TO ORDER Agenda Item: 8d Meeting Date: January 18, 2022 A duly noticed meeting of the Burlingame City Council was held on the above date via Zoom at 6:30 p.m. 2. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 3. PUBLIC COMMENTS There was no public comment. 4. CLOSED SESSION a. CONFERENCE WITH LABOR NEGOTIATORS (GOVERNMENT CODE SECTION 54957.E CITY DESIGNATED REPRESENTATIVES: HR DIRECTOR SONYA M. MORRISON, CITY MANAGER LISA K. GOLDMAN, CITY ATTORNEY MICHAEL GUINA, CHIEF OF POLICE MICHAEL MATTEUCCI EMPLOYEE ORGANIZATIONS: POLICE OFFICERS ASSOCIATION, POLICE SERGEANTS ASSOCIATION, ASSOCIATION OF POLICE ADMINISTRATORS, TEAMSTERS Direction was given but no reportable action was taken. 14. ADJOURNMENT Mayor O'Brien Keighran adjourned the meeting at 6:50 p.m. Agenda Item: 8d Meeting Date: January 18, 2022 Respectfully submitted, Meaghan Hassel -Shearer City Clerk Agenda Item: 8e Meeting Date: January 18, 2022 CITY O� BURLINGAME � m A °Fxm � NE 6 BURLINGAME CITY COUNCIL Unapproved Minutes Regular City Council Meeting on January 3, 2022 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date via Zoom Webinar at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Parks and Recreation Glomstad. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION There was no reportable action. 5. UPCOMING EVENTS Mayor Ortiz reviewed upcoming events in the city. 6. PRESENTATIONS There were no presentations. 7. PUBLIC COMMENTS, NON -AGENDA There were no public comments. 8. APPROVAL OF CONSENT CALENDAR 1 Agenda Item: 8e Meeting Date: January 18, 2022 Mayor Ortiz asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. No item was removed. Councilmember Colson asked that committee assignments be updated to include her position on the C/CAG Finance Committee and the C/CAG Climate Protection subcommittee. City Clerk Hassel -Shearer replied in the affirmative. Councilmember O'Brien Keighran made a motion to adopt the Consent Calendar; seconded by Vice Mayor Brownrigg. The motion passed unanimously by roll call vote, 5-0. a. ADOPTION OF A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH WILSEY HAM IN THE AMOUNT OF $156,946 FOR PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE BURLINGAME SQUARE TRANSIT HUB PROJECT, CITY PROJECT NO.84710, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT DPW Murtuza requested Council adopt Resolution Number 001-2022 b. $128,609ADOPTION OF A RESOLUTION APPROVING THE THIRD AMENDMENT TO THE RENEWED AND REVISED AGREEMENT BETWEEN THE CITY OF BURLINGAME AND THE BURLINGAME AQUATIC CLUB, INC. FOR THE MANAGEMENT AND OPERATION OF, AND FOR THE PROVISIONS OF AQUATIC PROGRAMS AT, THE BURLINGAME AQUATIC CENTER Parks and Recreation Director Glomstad requested Council adopt Resolution Number 002-2022 c. ADOPTION OF A RESOLUTION AMENDING THE PART-TIME EMPLOYEE SALARY AND BENEFIT PLAN HR Director Morrison requested Council to adopt Resolution Number 003-2022 d. CONFIRMATION OF THE MAYOR'S COUNCIL ASSIGNMENTS FOR 2022 City Clerk Hassel -Shearer requested Council approve the Mayor's Council Assignments for 2022. 9. PUBLIC HEARINGS a. INTRODUCTION OF AN ORDINANCE REPEALING CHAPTER 2.19 OF TITLE 2 OF THE BURLINGAME MUNICIPAL CODE AND ADDING CHAPTER 2.18 TO TITLE 2 OF THE BURLINGAME MUNICIPAL CODE TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE CITY COUNCIL BY FIVE DISTRICTS, ESTABLISHING THE BOUNDARIES AND IDENTIFICATION NUMBER OF EACH DISTRICT, AND ESTABLISHING THE 2 Agenda Item: 8e Meeting Date: January 18, 2022 ELECTION ORDER OF EACH DISTRICT; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION 15378, 15601(B)(3) City Clerk Hassel -Shearer explained that this was the fifth hearing regarding the City's transition to district elections for City Council seats. She briefly explained that the City received a letter from the law firm Shenkman and Hughes telling the City that it had violated the California Voting Rights Act. She noted that this letter was sent to many other cities, special districts, and school districts throughout the state, and the majority of these agencies decided to transition to district elections. She stated that the City held four public hearings and has conducted extensive public outreach. She explained that tonight's hearing is to introduce an ordinance that adopts Draft Map D for district elections and establishes the election order. City Clerk Hassel -Shearer explained that districts one, three, and five will go to elections first, in November 2022, as Councilmember O'Brien Keighran, Vice Mayor Brownrigg, and Mayor Ortiz's terms are all up in 2022. She added that districts two and four will be up for election in November 2024, and those line up with the terms of Councilmember Beach and Councilmember Colson. Mayor Ortiz asked the City Clerk to read the title of the proposed ordinance. City Clerk Hassel -Shearer read the title. Councilmember Beach made a motion to waive further reading and introduce the ordinance; seconded by Councilmember O'Brien Keighran. The motion passed unanimously by roll call vote, 5-0. Vice Mayor Brownrigg asked Redistricting Partners to explain how public input was received and processed. Redistricting Partners CEO Paul Mitchell explained that districting has become a much more front facing process over the years. He noted that the City has conducted extensive public outreach to obtain community input on what the lines should be. He explained that the job of Redistricting Partners is to review that input and determine how best to keep neighborhoods together while ensuring compliance with State districting regulations. He stated that as his firm goes from the community of interest testimony to the map finalization process, they have to make choices and decisions around how to balance the various communities of interest. He noted that there can be instances where they try to keep a community together, but in doing so it violates some criteria that invalidates a potential map. Mr. Mitchell stated that Burlingame has been one of the best organizations in promoting the district elections process, and that he has used Burlingame as an example for other cities. Vice Mayor Brownrigg thanked Mr. Mitchell for his explanation. Mayor Ortiz opened the public hearing. No one spoke. Councilmember Colson made a motion to bring back the ordinance for a second reading; seconded by Vice Mayor Brownrigg. The motion passed unanimously by roll call vote, 5-0. 3 Agenda Item: 8e Meeting Date: January 18, 2022 10. STAFF REPORTS AND COMMUNICATIONS a. CONSIDERATION OF ONE APPOINTMENT TO THE MEASURE I CITIZENS' OVERSIGHT COMMITTEE Mayor Ortiz opened the item up for public comment. No one spoke. City Clerk Hassel -Shearer asked Council to text her their votes. She read their votes. Congratulations to Bee Hui Yeh on her appointment to the Measure I Citizens' Oversight Committee. b. CONSIDERATION OF ONE APPOINTMENT TO THE PLANNING COMMISSION TO FILL THE REMAINDER OF A TERM Mayor Ortiz opened the item up for public comment. No one spoke. City Clerk Hassel -Shearer had Council text her their votes. She read their votes. Congratulations to Jennifer Pfaff on her appointment to the Planning Commission. c. ADOPTION OF A RESOLUTION SETTING A PARKLET RENT STRUCTURE CDD Gardiner explained that at the December 6, 2021 City Council meeting, Council approved extending the parklet program through December 31, 2022. However, he noted that Council requested that rent be charged for the use of publicly -owned space and that cleaning fees be assessed at a later date. He stated that the City Council passed a motion to adopt a $1,500 per year rent program, with cleaning fees to be adopted in the future, and with any future fee escalation to be approved by the Council. CDD Gardiner explained that the intent of setting a rent structure is to capture the value of publicly -owned land, so that the use of space is not considered a gift of public funds, as gifts of public funds are not allowed under the State Constitution. He added that 2022 would be a trial run for this program to see if it would work long term. CDD Gardiner explained that the program is modeled off of Mountain View's parklet program. He noted that the parklets in Burlingame, like those in Mountain View, are typically 300 square feet, so this would suggest an annual parklet rent of $4.95 per square foot, which equates to $1,485 per year. This number was then rounded up to $1,500. He noted that the fee structure for sidewalk cleaning is still under review, but that it should be ready for the January 18 Council meeting. CDD Gardiner discussed design standards for the parklets. He explained that the main concerns are covering the orange barriers and providing a floor that is level with the sidewalk. He added that he doesn't believe that the standards will be more involved than that. 4 Agenda Item: 8e Meeting Date: January 18, 2022 Councilmember O'Brien Keighran clarified that the item on the agenda was just about the rent fee and not the cleaning fee. CDD Gardiner replied in the affirmative. Councilmember Colson asked how the current encroachment permit fee is assessed and what that fee covers. DPW Murtuza replied that the fee is based on the plans submitted by the restaurant operator for the square footage they intend to use in front of their business. He explained that the fee covers staff time. Councilmember Colson asked for clarification on staff time. DPW Murtuza explained that staff time includes reviewing the application but does not cover cleaning. Councilmember Beach asked about the loss of parking revenue and if the City had determined what a prime spot in downtown Burlingame yields. DPW Murtuza replied that if the parking space is in use for the maximum amount of time (6 days a week, 8:00 a.m. to 6:00 p.m.), then the $1,500 rent is roughly a 10% return. Councilmember Beach thanked DPW Murtuza for the insight and commented that the City is being reasonable in forgoing potential parking revenue. Councilmember O'Brien Keighran asked if a business previously submitted an encroachment permit, are they allowed to alter it. DPW Murtuza replied that the business would need to submit a revision to their permit. Councilmember O'Brien Keighran asked if there are alternatives to parklets. DPW Murtuza replied that staff looked into alternatives, but that pedestrian flow is tough to maintain when there is not enough sidewalk width. He noted parklets are meant to be used in a parking space. Councilmember O'Brien Keighran asked if a restaurant does not have parking spaces in front of them, could they, with the permission of a next -door business, construct a parklet in their space. DPW Murtuza replied in the affirmative. Vice Mayor Brownrigg asked if CDD Gardiner could elaborate on the aesthetics of the parklets. CDD Gardiner responded that there was some debate on how elaborate the aesthetic guidelines should be, but that generally the businesses are maintaining the parklets pretty well. He noted that the orange barriers are good for the safety of patrons, but that businesses are doing well to cover them. He continued that the level floor is important for the functionality, and that the City stresses the floor be removable as some of the parklets have utilities underneath them. Vice Mayor Brownrigg stated that the Economic Development Subcommittee did not want to be overly prescriptive, but that doesn't mean the City can't revisit the guidelines if Council thinks it is necessary. Mayor Ortiz opened the item up to public comment. 5 Agenda Item: 8e Meeting Date: January 18, 2022 Mr. Scarcella asked several questions about the cleaning fee and who is responsible for taking down parklets if a business opts out of the program. (comment submitted via publiccomment(a),burlin ag me.org). CDD Gardiner explained that it would be the responsibility of the business to take down their parklet. However, the City would remove the orange barriers. John Kevranian thanked staff for their work on the parklet program. He stated that he believed the issue some businesses had with the program was the cleaning fee. Mayor Ortiz closed public comment. Councilmember Colson thanked staff for their thorough report. Councilmember Colson made a motion to adopt Resolution 004-2022; seconded by Councilmember O'Brien Keighran. The motion passed unanimously by roll call vote, 5-0. d. ADOPTION OF A RESOLUTION AUTHORIZING AMENDMENT OF THE CITY MANAGER'S EMPLOYMENT AGREEMENT TO PROVIDE A SALARY INCREASE OF 2%, AN ACCRUAL OF TWENTY-FIVE (25) VACATION DAYS PER YEAR, AND APPROVING THE CITY OF BURLINGAME PAY RATES AND RANGES (SALARY SCHEDULE) HR Director Morrison stated that on December 8, 2021, the City Council met with City Manager Goldman in closed session to review her performance after her ninth year in office. She continued that per Paragraph 7, Employment Benefits, of the Employment Agreement, Ms. Goldman receives the same benefits provided to City Department Heads. She stated that the proposed salary increase is 2%, plus an increase in vacation days. She noted that City Manager Goldman chose to forego a salary increase last year due to the fiscal impact of the pandemic. Mayor Ortiz opened the item up to public comment. No one spoke. The Council thanked City Manager Goldman for her hard work, especially her leadership during the pandemic. Councilmember Beach made a motion to adopt Resolution Number 005-2022; seconded by Councilmember O'Brien Keighran. The motion passed unanimously by roll call vote, 5-0. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS There were no reports. 2 Agenda Item: 8e Meeting Date: January 18, 2022 12. FUTURE AGENDA ITEMS There were no future agenda items. 13. ACKNOWLEDGMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking Commission, Beautification Commission, Parks & Recreation Commission, and Library Board of Trustees are available online at www.burlin _ a�g. 14. ADJOURNMENT Mayor Ortiz adjourned the meeting at 7:57 p.m. Respectfully submitted, Meaghan Hassel -Shearer City Clerk 7 BURLINGAME AGENDA NO: 8f STAFF REPORT MEETING DATE: January 18, 2022 To: Honorable Mayor and City Council Date: January 18, 2022 From: Meaghan Hassel -Shearer, City Clerk — (650) 558-7203 Subject: Adoption of an Ordinance of the City of Burlingame Repealing Chapter 2.19 of Title 2 of the Burlingame Municipal Code; and Adding Chapter 2.18 to Title 2 of the Burlingame Municipal Code to Provide for the Election of Members of the City Council By Five Districts, Establishing the Boundaries and Identification Number of Each District, and Establishing the Election Order of Each District; CEQA Determination: Exempt Pursuant to State CEQA Guidelines Section 15378, 15601(b)(3) RECOMMENDATION Staff recommends that the City Council adopt the following Ordinance: AN ORDINANCE OF THE CITY OF BURLINGAME REPEALING CHAPTER 2.19 OF TITLE 2 OF THE BURLINGAME MUNICIPAL CODE AND ADDING CHAPTER 2.18 TO TITLE 2 OF THE BURLINGAME MUNICIPAL CODE TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE CITY COUNCIL BY FIVE DISTRICTS, ESTABLISHING THE BOUNDARIES AND IDENTIFICATION NUMBER OF EACH DISTRICT, AND ESTABLISHING THE ELECTION ORDER OF EACH DISTRICT; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELIENS SECTION 15378, 15601(13)(3) To do so, the Council should: 1. By motion, adopt the proposed Ordinance. 2. Direct the City Clerk to publish a summary of the Ordinance within 15 days of adoption. DISCUSSION On January 3, 2022, the City Council held the fifth public hearing in the transition to district elections process. At the January 3, 2022 public hearing, the City Council introduced a proposed Ordinance that would repeal Chapter 2.19 of Title 2 of the Burlingame Municipal Code and add Chapter 2.18 to Title 2 of the Burlingame Municipal Code. The proposed Chapter 2.18 would provide for the election of members of the City Council by five districts; establish the boundaries and identification number of each district; and establish the election order of each district. 1 Adoption of Ordinance Establishing District Elections January 18, 2022 By a unanimous vote of 5-0, the City Council introduced the proposed Ordinance and requested that it be brought back for a second reading and adoption at the next regularly scheduled meeting. Since no changes to the proposed Ordinance itself were requested, it is now being presented to the City Council for adoption. ENVIRONMENTAL REVIEW The proposed Ordinance is not a "project" within the meaning of Section 15378 of the CEQA Guidelines because it has no potential for resulting in a physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. FISCAL IMPACT There is no fiscal impact. Exhibits: • Proposed Ordinance • Exhibit A • Introduction Staff Report— January 3, 2022 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BURLINGAME REPEALING CHAPTER 2.19 OF TITLE 2 OF THE BURLINGAME MUNICIPAL CODE AND ADDING CHAPTER 2.18 TO TITLE 2 OF THE BURLINGAME MUNICIPAL CODE TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE CITY COUNCIL BY FIVE DISTRICTS, ESTABLISHING THE BOUNDARIES AND IDENTIFICATION NUMBER OF EACH DISTRICT, AND ESTABLISHING THE ELECTION ORDER OF EACH DISTRICT; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION 15378, 15601(B)(3) WHEREAS, the City of Burlingame has historically used an at -large method of election, which is consistent with the guarantees of Section 7 of Article 1 and of Section 2 of Article II of the California Constitution; and WHEREAS, California Government Code Section 34886 permits the City Council to change the method of election by ordinance to a "by -district" system in which each member of the City Council is elected only by the voters in the district in which the candidate resides, in accordance with California Government Code Section 34871; and WHEREAS, a by -district system can also be consistent with the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution; and WHEREAS, on March 16, 2020, the City Council adopted Resolution Number 032-2020 that initiated the process of establishing a by -district election system; and WHEREAS, under the provisions of California Elections Code Section 100100, a city that changes from an at -large city council method of election to a by -district council method of election must hold a total of five public hearings, which includes at least two public hearings regarding potential voting district boundaries prior to the release and consideration of any draft voting district maps, and two public hearings following the release of draft voting district maps; and WHEREAS, on February 1, 2021 and May 3, 2021, pursuant to California Elections Code Section 10010(a)(1), the City Council held public hearings where the public was invited to provide input regarding the composition of the City's voting districts before any draft maps were drawn, and the City Council of the City of Burlingame considered and discussed the same; and WHEREAS, on November 1, 2021 and December 6, 2021 pursuant to California Elections Code Section 10010(a)(2), the City Council held public hearings where the public was invited to provide input regarding the content of the draft maps that had been released and published at least seven (7) days before each meeting, and the proposed sequence of the elections, and the City Council of the City of Burlingame considered and discussed the same; and WHEREAS, at its meeting on December 6, 2021, the City Council directed staff to prepare a proposed ordinance adopting a voting district map for the City Council's consideration; and WHEREAS, on January 3, 2022, the City Council held a final public hearing on the proposal to establish district boundaries, reviewed and considered additional public input, formally selected the voting district map and the election sequence attached to, incorporated in, and set forth, in this Ordinance as Exhibit A, which was introduced for a first reading at the same regular meeting; and WHEREAS, throughout the foregoing process, the City engaged in a significant amount of public outreach and engagement above and beyond the public hearings and other procedures required by California Elections Code Section 10010; and WHEREAS, the purpose of this Ordinance is to enact, pursuant to California Government Code Section 34886, an ordinance providing for the election of members of the City Council of the City of Burlingame by district in five single -member districts as reflected in the voting district map referred to as Map D and attached as Exhibit A to this Ordinance, in furtherance of the California Voting Rights Act of 2001 (Chapter 1.5 [commencing with Section 140251 of Division 14 of the Elections Code) to encourage by -district elections as one method to implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Section 1. The recitals set forth above are true and correct and are hereby incorporated herein by this reference as if fully set forth in their entirety. Section 2. Chapter 2.19 "General Municipal Election," of Title 2 of the Burlingame Municipal Code is hereby repealed and deleted in its entirety. Section 3. A new Chapter 2.18 "City Council By -District Elections" is added to Title 2 of the Burlingame Municipal Code to read as follows: Chapter 2.18 CITY COUNCIL BY -DISTRICT ELECTIONS Sections: 02.18.005 Date of Election 02.18.010 Declaration of Purpose 02.18.020 City Council Districts Established 02.18.030 Election of Members of the City Council By -District 02.18.040 Commencement of District Elections Section 02.18.005 Date of Election Pursuant to Elections Code Sections 1301 and 10403.5, the general municipal election in the city of Burlingame for the offices of city councilmember shall be the first Tuesday following the first Monday in November of even -numbered years commencing in November 2022. (Ord. 1940 § 2, (501)) Section 02.18.010 Declaration of Purpose. The City Council hereby declares that the purpose of this Ordinance is to change the method of electing members of this Council to a by -district method as defined in the California Voting Rights Act of 2021. Section 02.18.020 City Council Districts Established. Five City Council districts are hereby established in the City of Burlingame. The boundaries and identifying numbers of each district shall be as described and shown on the Council District Map attached as Exhibit A, and incorporated by reference. Section 02.18.030 Election of Members of the City Council By -District. (A) Following the effective date of this Ordinance and upon the commencement of "by - district" elections in the order established in Section 02.18.040 of this Code, members of the City Council shall be elected "by -district" as defined in the California Government Code Section 34871 or any successor statute. Any candidate for City Council must have been a resident and elector of the district in which they seek election by the time they pull nomination papers for such office, or such person's appointment to fill a vacancy therein. No term of any member of the City Council that commenced prior to the effective date of this Ordinance shall be affected by the adoption of this Ordinance. A vacancy in an office filled by at -large election shall be filled by appointment or election from the City at -large. (B) Registered voters signing nomination papers or voting for a member of the City Council shall be residents of the geographical area making up the district from which the member is to be elected. (C) The terms of the office of each member elected to the City Council shall remain four (4) years. Section 02.18.040 Commencement of District Elections. (A) Commencing on the General Municipal Election in 2022 and every four years thereafter the voters in districts 1, 3, and 5, shall elect members of the City Council by district for four (4) year terms. At the General Municipal Election in 2024, and every four years thereafter, the voters in districts 2 and 4, shall elect members of the City Council by district for four (4) year terms. (B) The term of office of any councilmember who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which they were elected. Section 4. Technical Adjustments and Metes -and -Bounds. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials, within any district. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts. The City Clerk shall also direct the City's demographer to provide a metes -and -bounds description of each district as shown on the map attached as Exhibit A and incorporated herein by reference, which shall be submitted to the City Council at its next regular meeting and kept on file in the City Clerk's office for public review. Section 5. CEQA Determination. This Ordinance is not subject to the California Environmental Quality Act (CEQA) because it is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines, since there is no potential of the Ordinance to result in direct or indirect physical change to the environment. In addition, the Ordinance is not subject to CEQA pursuant to State CEQA Guidelines section 15061(b)(3), as it can be seen with certainty that there is no possibility the Ordinance may have a significant effect on the environment. Section 6. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The City Council of the City of Burlingame hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 7. This Ordinance shall become effective 30 days after its adoption. The City Clerk is directed to publish this Ordinance in a manner required by law. Section 8. Sections 2 and 3 of this Ordinance shall be codified in the Burlingame Municipal Code. Sections 1, 4, 5, 6, and 7 shall not be so codified. Ricardo Ortiz, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing Ordinance was introduced at a public hearing at a regular meeting of the City Council held on the 3rd day of January, 2022, and adopted thereafter at a regular meeting on the day of 2022, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk Exhibit A iu n L C ii BURL- INGAME AGENDA NO: 9a STAFF REPORT MEETING DATE: January 3, 2022 To: Honorable Mayor and City Council Date: January 3, 2022 From: Meaghan Hassel -Shearer, City Clerk — (650) 558-7203 Subject: Introduction of An Ordinance Repealing Chapter 2.19 of Title 2 of the Burlingame Municipal Code; and Adding Chapter 2.18 to Title 2 of the Burlingame Municipal Code to Provide for the Election of Members of the City Council By Five Districts, Establishing the Boundaries and Identification Number of Each District, and Establishing the Election Order of Each District; CEQA Determination: Exempt Pursuant to State CEQA Guidelines Section 15378, 15601(13)(3) RECOMMENDATION Staff recommends that the City Council conduct a public hearing to introduce an Ordinance repealing Chapter 2.19, "General Municipal Election," of Title 2 of the Burlingame Municipal Code and adding Chapter 2.18, "City Council By -District Elections," to Title 2 of the Burlingame Municipal Code regarding district elections by: 1. Requesting the City Clerk to read the title of the proposed Ordinance 2. By motion, waiving further reading and introducing the proposed Ordinance 3. Conducting a public hearing on the proposed Ordinance 4. Discussing the proposed Ordinance and by motion determining whether to bring it back for a second reading and adoption 5. Directing the City Clerk to publish a summary of the Ordinance at least five days prior to the proposed adoption. BACKGROUND On January 17, 2020, the City of Burlingame received a letter from Kevin Shenkman, of the law firm Shenkman & Hughes, alleging that the City's current at -large election system violates the California Voting Rights Act of 2001 ("CVRA"). In his letter, Mr. Shenkman alleged that the City's current voting system has "dilute[d] the ability of Asians ... to elect candidates of their choice or otherwise influence the outcome of the City's current elections." This argument is based primarily on the fact that while Asian -Americans comprise around 20% of the City's population, an Asian - American has never been elected to the City Council. The population data used is based on the 2010 census. The letter that the City received is one of dozens of similar letters that cities across the state have received alleging violations of the CVRA. These letters have generally alleged that, in the target 1 Introduction of District Election Ordinance January 3, 2022 communities, minorities who comprise a meaningful percentage of the population have not been elected to public office. Mr. Shenkman urges each city to consider the use of by -district elections to cure the violation. The letters also make clear that if a city does not declare its intent to do so, a lawsuit under the CVRA will follow. The CVRA prohibits at -large elections when it can be shown that they impair the ability of a protected class to elect candidates of their choice or to influence elections in a significant way. The law was passed in part due to a lack of success by plaintiffs utilizing the CVRA's federal counterpart, the Federal Voting Rights Act, to challenge at -large election systems through federal law. Under the CVRA, plaintiffs need only show that "racially polarized voting" exists in the jurisdiction; they do no need to show any intent of voters or City officials to discriminate against the underrepresented class. They also do not need to prove that changing to district elections would increase representation on the elected body in question. The Council met in closed session on March 2, 2020, to consider the letter and the various options available to the City. Then on March 16, 2020, the Council adopted Resolution Number 032-2020 reflecting its intent to transition from at -large to by -district Council elections. On January 4, 2021, the City Council adopted Resolution Number 004-2021 authorizing the City Manager to enter into a professional services agreement with Redistricting Partners for the purpose of transitioning from at -large elections to by -district elections. With the assistance of Redistricting Partners, the City has held four public hearings on the transition to district elections: 1. February 1, 2021 Public Hearing: At the first public hearing, Redistricting Partners, the City's consultant, outlined the California Voting Rights Act, the Fair Maps Act, and the history of districting. Redistricting Partners CEO Paul Mitchell reviewed the State regulations for districts: • Relatively equal population size (people not registered voters) • Contiguous — districts should not hop/jump • Maintain communities of interest • Follow city/county/local government lines • Keep districts compact in both appearance and function Mr. Mitchell explained that the City would need to collect information from the public on how residents defined their neighborhood and communities of interest through the use of Community of Interest Forms and map drawing tools. He stated that the information the City collected would be combined with the 2020 Census data to draw the City's district lines. He noted that while the Census data is usually released in the spring, it would be delayed until the fall because of the pandemic and other complications. 2 Introduction of District Election Ordinance January 3, 2022 2. May 3, 2021 Public Hearing: At the second public hearing, Redistricting Partners again reviewed the history of districting and the regulations that the City's district map must meet. Additionally, staff reviewed the extensive public outreach that they were conducting to educate the public on the transition and obtain input from residents. More importantly, this hearing was a second chance for members of the public who had missed the first hearing to ask questions about the process and understand why the City was transitioning from at -large elections to by -district elections for Council seats. 3. November 1, 2021 Public Hearing: Redistricting Partners reviewed the three draft map plans that they had created. Each draft plan included information on the demographic breakdowns of the districts, population counts, and Citizen Voting Age Population ("CVAP") counts. Additionally, Redistricting Partners' presentation included information about which neighborhoods, according to the historically named neighborhoods, remained together, and which were split. After the presentation, the Council and the public provided Redistricting Partners with feedback, questions, and comments on which maps they preferred and what they thought should be changed. 4. December 6, 2021 Public Hearing At the fourth hearing, staff reviewed questions and concerns that were raised by the community at the third hearing. Redistricting Partners then introduced a fourth draft map plan that was based on the feedback the City received at the third hearing. Additionally, Mr. Mitchell reviewed the demographic breakdowns, neighborhoods, and deviations of each map. After the presentation, the Council and public asked questions of staff and Redistricting Partners. At the end of the public hearing, the City Council unanimously selected draft map plan D, and the Council asked staff to prepare an ordinance formally adopting draft map D for use beginning with the November 2022 election. DISCUSSION The proposed Ordinance transitions the City to district elections, determines the numbering of the districts, and establishes the election order. In November 2022, the following districts will be up for election: District 1 previously labelled District D on Draft Map D District 3 previously labelled District C on Draft Map D District 5 previously labelled District B on Draft Map D 3 Introduction of District Election Ordinance January 3, 2022 In order to run for office in one of these districts, the individual must be registered to vote in that district (an individual's voter registration address is their main residence). To vote in that district, an individual must be a registered voter of that district. In November 2024 the following districts will be up for election: District 2 previously labelled District E on Draft Map D District 4 previously labelled District A on Draft Map D. In order to run for office in one of these districts, the individual must be registered to vote in that district (an individual's voter registration address is their main residence). To vote in that district, an individual must be a registered voter of that district. After the adoption of the proposed Ordinance, the City's consultant, Redistricting Partners, will work with San Mateo County's Election Office to finalize the lines and implement the districts. FISCAL IMPACT There is no fiscal impact. Exhibits: • Proposed Ordinance • Exhibit A C To: Date: From: Subject STAFF REPORT Honorable Mayor and City Council January 18, 2022 AGENDA NO: 8g MEETING DATE: January 18, 2022 Helen Yu -Scott, Finance Director — (650) 558-7222 Adoption of a Resolution Establishing a Public Hearing Date Regarding Solid Waste Rate Increases for Calendar Year 2022 RECOMMENDATION Staff recommends that the City Council adopt a resolution establishing a public hearing date of March 21, 2022, regarding rate increases for solid waste services for calendar year 2022, effective April 1, 2022. BACKGROUND The City of Burlingame is a member of the South Bayside Waste Management Authority Joint Powers Agreement (SBWMA). Under the SBWMA Joint Powers Agreement, each member agency sets its own solid waste rates for residential and commercial customers. Each of the 11 SBWMA member jurisdictions has a franchise agreement with Recology San Mateo County (Recology) for residential and commercial solid waste, residential recycling, and residential green waste collections. In addition, a contract with South Bay Recycling provides for operations at the Shoreway Environmental Center, which is owned by the SBWMA. The Shoreway facility serves as a regional solid waste and recycling facility for the receipt, processing, and transfer of refuse, recyclable, and organic materials. Burlingame Municipal Code section 8.16.040(a) provides that the City Council approves the fees charged for the collection and transportation of solid waste. Each year, staff reviews the various cost components attributable to its solid waste services, which determine the revenue required from its customers for the subsequent rate year. Using current rates and considering the impact on the rate stabilization reserve, a recommendation is made to the City Council when necessary as to rates for these services in the City of Burlingame. Once approved, the rates are then applied based on the garbage cart/bin size of the customer and the frequency of collection services. Within Burlingame, Recology is responsible for the billing of solid waste services at the rates adopted by the City Council. In January 2019, the City Council approved a 6% rate increase for Rate Years 2019, 2020, and 2021 after a six -year rate break prior. The costs associated with the provision of solid waste, recycling, and organics collection and processing services have increased significantly in recent years. During the COVID-19 Pandemic shutdown, many commercial office buildings, hotels, restaurants, etc., were closed or offering limited services, which also created a revenue shortfall. The current rates do not generate enough 1 Establishing Public Hearing For Solid Waste Rates for 2022 January 18, 2022 money to cover the costs of solid waste services in the City of Burlingame, and annual operating deficits are increasing. In addition, the implementation of SB 1383 (mandatory organic recycling) will push costs higher, with the actual fiscal impact unknown at this point. Based on the SBWMA's estimation, the deficits from solid waste operations for Burlingame were $442,500 and $455,000 for calendar years 2021 and 2022, respectively. DISCUSSION The largest component of solid waste program charges is contractor compensation. Residential and commercial solid waste, recyclable, and organic materials are collected by Recology. The City Council approved an Amended and Restated Franchise Agreement with Recology in 2018 (Resolution No. 19-2018) for a 15-year term. The SBWMA board approved a 1.7% increase for 2022. In addition, the City Council approved Amendment One to the Amended and Restated Franchise Agreement in 2021 (Resolution No. 54-2021) to address the issues of bulky item pickup, and abandoned waste collection. The second largest factor in the costs of solid waste services is in the form of processing and disposal costs, largely reflected in the tipping fees at the Shoreway facility and landfills utilized. The SBWMA Board approves tipping fees each year to cover the processing costs of the Shoreway facility, along with transport costs and disposal contracts with nearby landfill facilities. Options for landfill disposal are becoming increasingly limited, and cost increases are almost inevitable. As discussed at the September 30, 2021 SBWMA board meeting (Exhibit 1), Burlingame's 2022 revenues for solid waste services are estimated to be $11.1 million at current rates, with an accumulated shortfall of $897,500 from 2021 and 2022 after all costs are accounted for. This would indicate an 8.1 % increase in rates is necessary just to break even (requiring no draw on the rate stabilization reserve). Foregoing a solid waste rate increase for 2022 would further reduce the current rate stabilization reserve and require double-digit rate increases down the road. In order to preserve the rate stabilization reserve (to buffer ratepayers against volatile rate hikes in the future), cover current operating costs largely with current rate revenues, and provide for the ongoing sustainability of the Solid Waste Fund, staff recommends a 5% solid waste rate increase for Burlingame customers for calendar year 2022, beginning on April 1, 2022. Rates are proposed to be set as follows: 2 Establishing Public Hearing For Solid Waste Rates for 2022 January 18, 2022 City of Burlingame, CA Monthly Solid Waste Proposed Rates Effective April, 1, 2022 Customer Current Proposed Service Level Monthly Rates Monthly Rates Monthly Diff. Residential 20 Gallon Cart* $15.36 $16.13 $0.77 32 Gallon Cart $28.41 $29.83 $1.42 64 Gallon Cart $56.82 $59.66 $2.84 96 Gallon Cart $84.32 $88.54 $4.22 Commercial 32 Gallon Cart $28.41 $29.83 $1.42 64 Gallon Cart $56.82 $59.66 $2.84 96 Gallon Cart $84.32 $88.54 $4.22 1 Yard Bin $179.27 $188.23 $8.96 2 Yard Bin $358.56 $376.49 $17.93 3 Yard Bin $537.78 $564.67 $26.89 * 20 Gallon residential cart service is no longer available to new customers. Rates shown are for those services randfathered-in as of January 1, 2012. Each agency sets rates in accordance with Proposition 218 (California Constitution Article XIII D, section 6), which requires that all property owners be given a 45-day written notice of the City's intent to adjust rates. Once the City Council approves the attached resolution establishing the public hearing for this purpose, staff will prepare and mail notices to each property owner and customer, informing them of the rate increases, the reason for the increases, the basis upon which the new rates are calculated, and the public hearing schedule to discuss the proposed increases. Ratepayers will have an opportunity to protest the increased rates. If a majority of ratepayers (50% +1) file a protest by the close of the public hearing at which the Council is considering the rate increase, then the increased rate cannot be adopted. FISCAL IMPACT Current rates are no longer adequate to fully cover the costs of providing solid waste services in calendar year 2022 without requiring significant draws on the City's Solid Waste Fund reserves. In order to prevent depletion of the fund's rate stabilization reserves and double-digit increases in future years, rates will need to be increased for all solid waste customers for 2022, beginning on April 1, 2022. Attachment: • Resolution • Prop 218 Notice (draft) • Exhibit I - SBWMA Total Collection Rate Adjustment by Member Agency 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ESTABLISHING A PUBLIC HEARING ON PROPOSED RATE INCREASES FOR SOLID WASTE SERVICES WHEREAS, the City of Burlingame is a member of the South Bayside Waste Management Authority Joint Powers Agreement (SBWMA), the purpose of which is to provide cost effective waste reduction, recycling, and solid waste collection and disposal programs to member agencies; and WHEREAS, under the SBWMA Joint Powers Agreement, each member agency sets its own solid waste rates for residential and commercial customers; and WHEREAS, each year, City staff reviews the various cost components attributable to its solid waste services, which determine the revenue required from customers in Burlingame for the subsequent rate year; and WHEREAS, the SBWMA approved Recology San Mateo County's Compensation Application for rate year 2022, including a rate increase; and WHEREAS, staff proposes a five percent (5%) rate increase in calendar year 2022 for the most commonly used collection services; all other residential and commercial rates will be increased 5% uniformly as well; and WHEREAS, Chapter 8.16.040 of the Burlingame Municipal Code provides that the City Council shall establish fees and charges for the administration of solid waste services; and WHEREAS, to comply with the requirements of Proposition 218, a public hearing shall be conducted, with written notice to each owner at least 45 days prior to the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE, DETERMINE, AND FIND AS FOLLOWS: A public hearing on the proposed solid waste increases for the City of Burlingame is hereby set for March 21, 2022 at 7:00 p.m., before the City Council of the City of Burlingame. The meeting will be held telephonically and via other electronic means pursuant to the provisions of AB361. The various methods of accessing the public hearing are posted on the City's website: www.burlingame.org. At the public hearing, the City Council will receive testimony and evidence; and interested persons may submit written comments before or at the public hearing, or they may be sent by mail or delivered to the City Clerk, 501 Primrose Road, Burlingame, CA 94010. Oral or written protests may be made at the hearing. To count in a majority protest against the proposed rate increase for calendar year 2022, a protest must be in writing and submitted to the City Clerk at or before the close of the public hearing on March 21, 2022. A written protest may be withdrawn in writing at any time before the conclusion of that public hearing. Each written protest shall identify the property's service address. If the person signing the protest is not shown on the official records of the City of Burlingame as the owner of the property, then the protest shall contain or be accompanied by written evidence that the person is a solid waste ratepayer on record for the property. Any written protest as to the regularity or sufficiency of the proceeding shall be in writing and clearly state the irregularity or defect to which objection is made. Rates are proposed to be set as follows for the calendar year 2022, effective on April 1, 2022: City of Burlingame, CA Monthly Solid Waste Proposed Rates Effective April, 1, 2022 Customer Current Proposed Service Level Monthly Rates Monthly Rates Monthly Diff. Residential 20 Gallon Cart* $15.36 $16.13 $0.77 32 Gallon Cart $28.41 $29.83 $1.42 64 Gallon Cart $56.82 $59.66 $2.84 96 Gallon Cart $84.32 $88.54 $4.22 Commercial 32 Gallon Cart $28.41 $29.83 $1.42 64 Gallon Cart $56.82 $59.66 $2.84 96 Gallon Cart $84.32 $88.54 $4.22 1 Yard Bin $179.27 $188.23 $8.96 2 Yard Bin $358.56 $376.49 $17.93 3 Yard Bin $537.78 $564.67 $26.89 * 20 Gallon residential cart service is no longer available to new customers. Rates shown are for those services randfathered-in as of January 1, 2012. The proposed rates shown above and in the notice to customers and property owners reflect a 5% rate increase in calendar year 2022 for the most commonly used collection services. All other residential and commercial rates will be increased 5% uniformly as well. If at the conclusion of the public hearing, there are of record written protests by a majority (50% or more) of the owners or customers, as to the proposed solid waste rates for the calendar year 2022, no rate increase shall occur. Further information regarding the proposed rate increases and procedures for filing a written protest may be obtained from the City Clerk, City Hall, 501 Primrose Road, Burlingame, California, phone 650-558-7203. Staff is instructed to provide notice by mail to each record owner of all service addresses in the City of Burlingame in accordance with the requirements of California Constitution Article XIIID (Proposition 218) at least 45 days in advance of the public hearing. Ricardo Ortiz, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council on the 18th day of January 2022, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: CITY 0 BURLINGAME c. ,Yc�H 900 ONnTED JUNE 0 The City of Burlingame City Hall - 501 Primrose Road Burlingame, CA 94010-3997 NOTICE OF PUBLIC HEARING TO CONSIDER AN INCREASE IN SOLID WASTE AND RECYCLING RATES FOR 2022, AND TO CONSIDER ANY PROTESTS TO THE INCREASED RATES The City Council of the City of Burlingame hereby gives notice of its intent to review and consider approval of increases to the existing residential and commercial rates charged by the city's solid waste franchisee, Recology San Mateo County (Recology), for the collection of solid waste, recyclable and organic materials within the City of Burlingame. The City Council plans to review and consider the rate increases and any changes to the rate structure at a public hearing scheduled for Monday, March 21, 2022 at 7:00 p.m. The need for this increase was presented to the City Council at their meeting on January 18, 2022. The City of Burlingame is a member of the SBWMA, and along with the other 10 public agencies in San Mateo County, has a franchise agreement with Recology. A copy of the reports that provide the basis for the rate increase are available for public inspection at the Office of the City Clerk, City Hall, 501 Primrose Road, Burlingame, during regular business hours, 8:00 am to 5:00 pm, Monday through Friday. NEW RATES City of Burlingame, CA Monthly Solid Waste Proposed Rates Effective April, 1, 2022 Customer Current Proposed Service Level Monthly Rates Monthly Rates Monthly Diff. Residential 20 Gallon Cart* $15.36 $16.13 $0.77 32 Gallon Cart $28.41 $29.83 $1.42 64 Gallon Cart $56.82 $59.66 $2.84 96 Gallon Cart $84.32 $88.54 $4.22 Commercial 32 Gallon Cart $28.41 $29.83 $1.42 64 Gallon Cart $56.82 $59.66 $2.84 96 Gallon Cart $84.32 $88.54 $4.22 1 Yard Bin $179.27 $188.23 $8.96 2 Yard Bin $358.56 $376.49 $17.93 3 Yard Bin $537.78 $564.67 $26.89 * 20 Gallon residential cart service is no longer available to new customers. Rates shown are for those services randfathered-in as of January 1, 2012. This chart reflects a 5% rate increase in calendar year 2022, effective on April 1, 2022, for the most commonly used collection services. All other residential and commercial rates will also be increased 5% uniformly. NECESSITY FOR THE NEW RATES The proposed rates change is directly related to the following causes: • The need to set rates to cover the cost of the actual services provided; • Current rates do not cover the cost of the services; • The 2021 revenue shortfall; • Projected 2022 revenue shortfall; • The increased costs associated with the mandates of State Senate Bill 1383 requiring all commercial businesses, multi -family, and single-family residents to recycle all organic waste to reduce greenhouse gas emissions; The proposed 5% rate adjustment results in a $1.42 per month increase, or $12.78 for the remainder of the calendar year 2022, for single-family residential ratepayers who utilize the 32- gallon solid waste cart. PUBLIC HEARING NOTICE The City Council of the City of Burlingame hereby gives notice of a public hearing to be held at its meeting of Monday, March 21, 2022 at 7:00 p.m. before the City Council of the City of Burlingame. The meeting will be held telephonically and via other electronic means pursuant to the provisions of AB361. The various methods of accessing the public hearing are posted on the City's website: www.burlin a�g. At this hearing, the City Council will consider public comments as well as written protests by ratepayers against the proposed increase in solid waste/recycling fees. If written protests are presented by a majority of the affected ratepayers prior to the close of the public hearing, the City Council will not increase the rates as a matter of State law. FILING A PROTEST To file a written protest, send a letter in a sealed envelope addressed to 2022 Solid Waste Rates, City Clerk, City of Burlingame, 501 Primrose Road, Burlingame, CA 94010. Your letter must identify the real property you own or rent by street address and assessor's parcel number. Your letter must be legibly signed by any one of the current property owners or ratepayers of record. The City must receive your letter at City Hall by 5:00 p.m. by Monday, March 21, 2022, or it must be presented at the City Council meeting of Monday, March 21, 2022 prior to the close of the public hearing on the matter. Any person interested, including all solid waste/recycling collection customers of the City of Burlingame, may appear at the public hearing and be heard on any matter related to the proposed increase in rates. For more information regarding this notice, call Helen Yu -Scott, Finance Director/Treasurer at 650-558- 7222. Information regarding the SBWMA can be found on its website: www.rethinkwaste.org This Notice of Public Hearing is required under Proposition 218 and is for mailing distribution no later than February 4, 2022. 2 a c v(D a� o � o co I-- o v p n o '� o ci O Nomo IN N N N 0 CO 1� f0 Oj N �,.� pip w C W 0 (O Q) (O M (O l() IA N O (D Hn4 fR (p 0 V3 EA p f� D1 N w r M p N H (y O M N O L H Ef) V3 V3 fA V� L O] O Ol N (D _ O N OJ M Lo p N 00 m O (n (D (n 't I� M V M 01 O a' e o D) 0 O N e p e O (rp o d 00 N M p N (O O co Oco O 0 M - 0 O co M n M N lm ICj cq 1� I� y M N (`9 fR I� ER hco M O M W fH M N to (A H3 V3 f9 lH H U a0 V N 1� N M a r p O co O (D O M V N O ID M O (D N e o e e o (D M (f1 - (O O pj O N 0 0 O N (D IA N N r N d a0. y M I� O O t` (n W N f� M N (D N M r N r W W N M fA O N V O } O LL (D V N N (D 69 Vi `-' O � (H M En (O O fA EH V3 K3 f9 fR fA O Z LLI N Q LO m O cOo (O G n N m D7 LO 11 0 Q O Ol (O (D N M e N N o N O o N O 0 0 o N m a W l(( O N n O Q7 N N R N N r') 0 N (M (O 0 N N 10 0 N (D N N 4 V3 ER O N If) fA V3 EA V3 r 10 PLO 69 m m fA V3 EH V3 K3 f9 fR •" "' W W r2 aw w I bpi oo 7 mO ,--. 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Q 7 7 m a' Q _° 'O �2 H O 7 O U F O H v� (o N O N O O H F O N N N N fn u) Q F O N M I 1f> tD 1, W W N M N M N M I N Q Q Q Q Q d d Q Q Q a0 00 06 U U U G G G O G W U- LL LL Q m Li W Li r-I N O N O M rn O W Y Q O_ BURL- INGAME AGENDA NO: 8h STAFF REPORT MEETING DATE: January 18, 2022 To: Honorable Mayor and City Council Date: January 18, 2022 From: Meaghan Hassel -Shearer, City Clerk — (650) 558-7203 Subject: Adoption of a Resolution to Continue Conducting City Council and Commission Meetings Remotely Due to Health and Safety Concerns for the Public RECOMMENDATION Staff recommends that the City Council adopt a resolution to continue conducting the City's Council and Commission meetings remotely due to health and safety concerns for the public. BACKGROUND On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID 19. Thereafter, on March 16, 2020, the City Council adopted Resolution Number 033-2020 declaring a local emergency due to COVID-19. The resolution states that the COVID-19 pandemic is "likely to be beyond the control of the services, personnel and facilities of the City of Burlingame" and that a "proclamation of a Local Emergency is necessary to enable the City of Burlingame and other local government entities to adequately plan, prepare and preposition resources to be able to effectively respond to the threat". On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20, which suspended certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter -in -place order, requiring all non -essential personnel to work from home. Staff quickly worked to set up Zoom meetings for all City Council and Commission meetings. The Zoom meetings have allowed the Council and Commissions to continue to conduct City business from the safety of members' homes. The City Council and Commissions have been utilizing Zoom for the past 18 months to conduct all meetings. The usage of Zoom for public meetings has allowed the City to ensure the public's continued access to government meetings while also ensuring the public's safety. 1 Application of AB 361 January 18, 2022 On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things, rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021 for agencies to transition back to public meetings held in full compliance with the Brown Act. In preparation for the return to in -person meetings, staff has been working on acquiring audio and visual upgrades for the Council Chambers in order to conduct hybrid meetings. Although hybrid meetings will help to keep the public safe by allowing them to continue accessing the meetings from their own home, Councilmembers, Commissioners, and staff will need to meet in person. Since the Governor issued Executive Order N-08-21, the Delta variant has emerged, causing a spike in cases throughout the state. As a result, the San Mateo County Health Department issued a Health Order requiring masks indoors in public places, regardless of vaccination status, starting August 3, 2021. On September 16, 2021, Governor Newsom signed into law AB 361. AB 361 allows local legislative bodies to meet remotely when: • The local agency holds a meeting during a proclaimed state of emergency; • State or local health officials have imposed or recommended measures to promote social distancing; • Legislative bodies declare that as a result of the proclaimed state of emergency that meeting in person would present imminent risks to the health or safety of attendees A "proclaimed state of emergency" refers to a gubernatorial state of emergency issued pursuant to the California Emergency Services Act, Government Code section 8625. On March 4, 2020, the Governor proclaimed a state of emergency pursuant to the California Emergency Services Act, and the proclamation remains in effect. At the September 20, 2021 Council meeting, staff requested that Council declare the need for the City Council and Commissions to continue to meet remotely in accordance with AB 361. Council adopted Resolution Number 116-2021, which allowed for the City's legislative bodies to continue to meet remotely for 30 days. Additionally, staff notified Council that in order to stay in compliance with AB 361, they would need to re-evaluate the need to meet remotely every 30 days and make findings that: A) the Council has reconsidered the circumstances of the state of emergency; and B) any of the following circumstances exist: a. The state of emergency continues to directly impact the ability of the members to meet safely in person; or b. State or local officials continue to impose recommend measures to promote social distancing On October 18, 2021, Council re-evaluated the need to meet remotely and found that the City continued to meet the requirements of AB 361 in order to hold remote meetings. Therefore, the Council adopted Resolution Number 128-2021, which allowed for the continuation of remote meetings for 30 days. 2 Application of AB 361 January 18, 2022 On November 15, 2021, the Council found that the City continued to meet the requirements of AB 361 and adopted Resolution Number 142-2021 to allow for another 30 days of remote meetings. The Council re -affirmed this need on December 20, 2021 with Resolution Number 153-2021. DISCUSSION The City continues to meet the requirements of AB 361 in order to hold remote meetings. This is because: • The Governor's proclamation for a state of emergency issued on March 4, 2020, remains in effect. • County Health orders require that all individuals in public spaces maintain social distancing and wear masks • The City cannot maintain social distancing requirements for the public, staff, Councilmembers, and Commissioners in their meeting spaces The City cannot ensure social distancing requirements are met inside Council Chambers where the City Council, Traffic, Safety & Parking Commission, and Planning Commission meet. Councilmembers and Commissioners sit well within six feet of each other and are directly above staff members. Moreover, the County's indoor mask order is still in effect, making it difficult to hear what Councilmembers, Commissioners, staff, and public speakers are saying. Similarly, the Beautification Commission, Parks & Recreation Commission, and Library Board of Trustees all hold their meetings in a small conference room, making it impossible for Commissioners, staff, and members of the public to socially distance from each other. Staff recommends that the City Council declare these findings are true so that the Council and Commissions can continue to meet remotely for another 30 days. FISCAL IMPACT There is no fiscal impact. Exhibits: • Resolution • Governor's Executive Order N-29-20 • Governor's Executive Order N-08-21 • AB 361 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING THE NEED FOR THE CITY COUNCIL AND COMMISSIONS TO CONTINUE TO MEET REMOTELY IN ORDER TO ENSURE THE HEALTH AND SAFETY OF THE PUBLIC WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19, and the proclamation remains in effect; WHEREAS, on March 16, 2020, the City Council adopted Resolution Number 033-2020 declaring a local emergency due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, as a result of Executive Order N-29-20, staff set up Zoom meetings for all City Council and Commission meetings; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which placed an end date of September 30, 2021, for agencies to meet remotely; and WHEREAS, since issuing Executive Order N-08-21, the Delta variant has emerged, causing a spike in COVID-19 cases throughout the state; and WHEREAS, on August 3, 2021, in response to the Delta variant, the San Mateo County Health Department ordered all individuals to wear masks when inside public spaces and maintain social distancing; and WHEREAS, on September 16, 2021 Governor Newsom signed into law AB 361, which allows for local legislative bodies to meet remotely due to health and safety concerns for the public; and WHEREAS, on September 20, 2021, the City Council adopted Resolution Number 116- 2021 acknowledging the need to continue to meet remotely, and WHEREAS, on October 18, 2021, the City Council after re-evaluating the situation Council adopted Resolution Number 128-2021 acknowledging the need to continue to meet remotely, and WHEREAS, on November 15, 2021, the City Council reviewed the situation, and adopted Resolution Number 142-2021 acknowledging the continued need to meet remotely, and WHEREAS, on December 20, 2021, the City Council reviewed the situation, and adopted Resolution Number 153-2021 acknowledging the continued need to meet remotely, and WHEREAS, in adherence with AB 361, the City Council must re-evaluate the need to meet remotely every 30 days; and WHEREAS, the City cannot maintain social distancing requirements for the public, staff, Councilmembers, and Commissioners in their respective meeting locations; and WHEREAS, because of the rise in cases due to the Omicron and Delta variant, the City is concerned about the health and safety of all individuals who intend to attend Council and Commission meetings NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. In compliance with AB 361, and in order to continue to teleconference without the usual teleconference requirements of the Brown Act, the City Council makes the following findings: a. The City Council has reconsidered the circumstances of the Governor's proclaimed state of emergency; and b. The state of emergency remains in effect and continues to directly impact the ability of the City Council and its Commissions, as well as staff and members of the public, to meet safely in person; and c. San Mateo County Health orders require all individuals in public spaces to maintain social distancing; however, the City cannot maintain social distancing requirements for the Councilmembers, Commissioners, staff and public in the meeting spaces. 2. City Council and Commission meetings will continue to be conducted remotely for the next 30 days in compliance with AB 361, in order to better ensure the health and safety of the public. 3. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution. Ricardo Ortiz, Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 18th day of January, 2022, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk EXECUTIVE DEPARTMENT STATE OF CALIFORNIA EXECUTIVE ORDER N-29-20 WHEREAS on March 4, 2020, 1 proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19, and WHEREAS despite sustained efforts, the virus continues to spread and is impacting nearly all sectors of California; and WHEREAS the threat of COVID-19 has resulted in serious and ongoing economic harms, in particular to some of the most vulnerable Californians; and WHEREAS time bound eligibility redeterminations are required for Medi- Cal, CalFresh, CalWORKs, Cash Assistance Program for Immigrants, California Food Assistance Program, and In Home Supportive Services beneficiaries to continue their benefits, in accordance with processes established by the Department of Social Services, the Department of Health Care Services, and the Federal Government; and WHEREAS social distancing recommendations or Orders as well as a statewide imperative for critical employees to focus on health needs may prevent Medi-Cal, CalFresh, CaIWORKs, Cash Assistance Program for Immigrants, California Food Assistance Program, and In Home Supportive Services beneficiaries from obtaining in -person eligibility redeterminations; and WHEREAS under the provisions of Government Code section 8571, 1 find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic. NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567 and 8571, do hereby issue the following order to become effective immediately: IT IS HEREBY ORDERED THAT: As to individuals currently eligible for benefits under Medi-Cal, CalFresh, CalWORKS, the Cash Assistance Program for Immigrants, the California Food Assistance Program, or In Home Supportive Services benefits, and to the extent necessary to allow such individuals to maintain eligibility for such benefits, any state law, including but not limited to California Code of Regulations, Title 22, section 50189(a) and Welfare and Institutions Code sections 18940 and 11265, that would require redetermination of such benefits is suspended for a period of 90 days from the date of this Order. This Order shall be construed to be consistent with applicable federal laws, including but not limited to Code of Federal Regulations, Title 42, section 435.912, subdivision (e), as interpreted by the Centers for Medicare and Medicaid Services (in guidance issued on January 30, 2018) to permit the extension of otherwise -applicable Medicaid time limits in emergency situations. 2. Through June 17, 2020, any month or partial month in which California Work Opportunity and Responsibility to Kids (Co[WORKs) aid or services are received pursuant to Welfare and institutions Code Section 11200 et seq. shall not be counted for purposes of the 48-month time limit set forth in Welfare an Institutions Code Section 11454. Any waiver of this time limit shall not be applied if it will exceed the federal time limits set forth in Code of Federal Regulations, Title 45, section 264.1. Paragraph 11 of Executive Order N-25-20 (March 12, 2020) is withdrawn and superseded by the following text: Notwithstanding any other provision of state or local law (including, but not limited to, the Bagley -Keene Act or the Brown Act), and subject to the notice and accessibility requirements set forth below, a local legislative body or state body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body or state body. All requirements in both the Bagley -Keene Act and the Brown Act expressly or impliedly requiring the physical presence of members, the clerk or other personnel of the body, or of the public as a condition of participation in or quorum for a public meeting are hereby waived. In particular, any otherwise -applicable requirements that (i) state and local bodies notice each teleconference location from which a member will be participating in a public meeting; (ii) each teleconference location be accessible to the public; (iii) members of the public may address the body at each teleconference conference location; (iv) state and local bodies post agendas at all teleconference locations; (v) at least one member of the state body be physically present at the location specified in the notice of the meeting; and (vi) during teleconference meetings, a least a quorum of the members of the local body participate from locations within the boundaries of the territory over which the local body exercises jurisdiction are hereby suspended. A local legislative body or state body that holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements set forth below, shall have satisfied any requirement that the body allow members of the public to attend the meeting and offer public comment. Such a body need not make available any physical location from which members of the public may observe the meeting and offer public comment. Accessibility Requirements: If a local legislative body or state body holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the body shall also: (i) implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the Americans with Disabilities Act and resolving any doubt whatsoever in favor of accessibility; and (ii) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to subparagraph (ii) of the Notice Requirements below. Notice Requirements: Except to the extent this Order expressly provides otherwise, each local legislative body and state body shall: (i) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by the Bagley -Keene Act or the Brown Act, and using the means otherwise prescribed by the Bagley -Keene Act or the Brown Act, as applicable; and (ii) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in such means of public observation and comment, or any instance prior to the issuance of this Order in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of such means, a body may satisfy this requirement by advertising such means using "the most rapid means of communication available at the time" within the meaning of Government Code, section 54954, subdivision (e); this shall include, but need not be limited to, posting such means on the body's Internet website. All of the foregoing provisions concerning the conduct of public meetings shall apply only during the period in which state or local public health officials have imposed or recommended social distancing measures. All state and local bodies are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the provisions of the Bagley -Keene Act and the Brown Act, and other applicable local laws regulating the conduct of public meetings, in order to maximize transparency and provide the public access to their meetings. IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order. This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 17th day ATTEST: ALEX PADILLA Secretary of State EXECUTIVE DEPARTMENT STATE OF CALIFORNIA EXECUTIVE ORDER N-08-21 WHEREAS on March 4, 2020, 1 proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and WHEREAS since March 2020, the State has taken decisive and meaningful actions to reduce the spread, and mitigate the impacts, of COVID-19, saving an untold number of lives; and WHEREAS as a result of the effective actions Californians have taken, as well as the successful and ongoing distribution of COVID-19 vaccines, California is turning a corner in its fight against COVID-19; and WHEREAS on June 11, 2021, 1 issued Executive Order N-07-21, which formally rescinded the Stay -at -Home Order (Executive Order N-33-20, issued on March 19, 2020), as well as the framework for a gradual, risk -based reopening of the economy (Executive Order N-60-20, issued on May 4, 2020); and WHEREAS in light of the current state of the COVID-19 pandemic in California, it is appropriate to roll back certain provisions of my COVID- 1 9-related Executive Orders; and WHEREAS certain provisions of my COVID-19 related Executive Orders currently remain necessary to continue to help California respond to, recover from, and mitigate the impacts of the COVID-19 pandemic, including California's ongoing vaccination programs, and the termination of certain provisions of my COVID-19 related Executive Orders during this stage of the emergency would compound the effects of the emergency and impede the State's recovery by disrupting important governmental and social functions; and WHEREAS under the provisions of Government Code section 8571, 1 find that strict compliance with various statutes and regulations specified in this Order would continue to prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic. NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately: IT IS HEREBY ORDERED THAT: The following provisions shall remain in place and shall have full force and effect through June 30, 2021, upon which time they will expire subject to individual conditions described in the enumerated paragraphs below. 1) State of Emergency Proclamation dated March 4, 2020: a. Paragraph 10. Any facility operating under a waiver pursuant to this provision, memorialized in an All Facilities Letter, may operate pursuant to such a waiver through the stated expiration in the All Facilities Letter or September 30, 2021, whichever occurs first; b. Paragraph 1 1; c. Paragraph 12; and d. Paragraph 13. 2) Executive Order N-25-20: a. Paragraph 1; and b. Paragraph 7, and as applicable to local governments per Executive Order N-35-20, Paragraph 3. Effective July 1, 2021, the waivers in Executive Order N-25-20, Paragraph 7, and Executive Order N-35-20, Paragraph 3, of reinstatement requirements set forth in Government Code sections 7522.56(f) and (g) are terminated. 3) Executive Order N-26-20: a. Paragraph 1; b. Paragraph 2; c. Paragraph 3; d. Paragraph 5; e. Paragraph 6; and f. Paragraph 7. 4) Executive Order N-27-20: a. Paragraph 1; b. Paragraph 2; and c. Paragraph 3. 5) Executive Order N-28-20: a. Paragraph 3; and b. Paragraph 6. 6) Executive Order N-31-20: a. Paragraph 1; and b. Paragraph 2. 7) Executive Order N-35-20: a. Paragraph 1. Any facility operating under a waiver pursuant to this provision, memorialized in an All Facilities Letter, may operate pursuant to such a waiver through the stated expiration in the All Facilities Letter or September 30, 2021, whichever occurs first; b. Paragraph 4; c. Paragraph 6. To the extent the Director exercised their authority pursuant to this provision on or before June 30, 2021, the extension shall remain valid until the effective expiration; -IC-5— d. Paragraph 10. The State Bar shall receive the time extension in the aforementioned order for any nomination submitted to the State Bar by the Governor on or before June 30, 2021; and e. Paragraph 11 (as extended and clarified by N-71-20, Paragraph 6). Claims accruing before June 30, 2021 will remain subject to the 120- day extension granted in the aforementioned orders. 8) Executive Order N-36-20, Paragraph 1. To the extent the Secretary exercised their authority pursuant to this provision, the Secretary shall allow each facility to resume intake in a manner that clears intake backlog as soon as feasible. 9) Executive Order N-39-20: a. Paragraph 1. Any facility operating under a waiver pursuant to this provision, memorialized in an All Facilities Letter, may operate pursuant to such a waiver through the stated expiration in the All Facilities Letter or September 30, 2021, whichever occurs first; b. Paragraph 4; and c. Paragraph 7. The leases or agreements executed pursuant to this provision shall remain valid in accordance with the term of the agreement. 10) Executive Order N-40-20: a. Paragraph 1. For rulemakings published in the California Regulatory Notice Register pursuant to Government Code section 11346.4(a)(5) prior to June 30, 2021, the deadlines in the aforementioned order shall remain extended in accordance with the order; b. Paragraph 2 (as extended and clarified by N-66-20, Paragraph 12, and N-71-20, Paragraph 10). Notwithstanding the expiration of this provision, state employees subject to these training requirements shall receive the benefit of the 120-day extension granted by the aforementioned orders. All required training due on or before June 30, 2021 must be completed within 120 days of the statutorily prescribed due date; c. Paragraph 7 (as extended and clarified by N-66-20, Paragraph 13 and N-71-20, Paragraph 11). With regard to appeals received on or before June 30, 2021, the State Personnel Board shall be entitled to the extension in the aforementioned order to render its decision; d. Paragraph 8. To the extent the deadlines specified in Government Code section 22844 and California Code of Regulations, title 2, sections 599.517 and 599.518 fell on a date on or before June 30, 2021 absent the extension, they shall expire pursuant to the timeframes specified in the aforementioned orders; e. Paragraph 16; f. Paragraph 17; and g. Paragraph 20. 1 1) Executive Order N-45-20: a. Paragraph 4; b. Paragraph 8; c. Paragraph 9; and d. Paragraph 12. For vacancies occurring prior to June 30, 2021, the deadline to fill the vacancy shall remain extended for the time period in the aforementioned order. 12) Executive Order N-46-20: a. Paragraph 1; and b. Paragraph 2. 13) Executive Order N-47-20: a. Paragraph 2; and b. Paragraph 3. 14) Executive Order N-48-20, Paragraph 2 (which clarified the scope of N-34- 20) . 15) Executive Order N-49-20: a. Paragraph 1; b. Paragraph 3. For determinations made on or before June 30, 2021, the discharge date shall be within 14 days of the Board's determination; and c. Paragraph 4. 16) Executive Order N-50-20, Paragraph 2. 17) Executive Order N-52-20: a. Paragraph 6; b. Paragraph 7. To the extent an individual has commenced a training program prior to June 30, 2021, that was interrupted by COVID-19, that individual shall be entitled to the extended timeframe in the aforementioned order; and c. Paragraph 14; and d. Paragraph 16. 18) Executive Order N-53-20: a. Paragraph 3; b. Paragraph 12 (as extended or modified by N-69-20, Paragraph 10, and N-71-20, Paragraph 27); and c. Paragraph 13 (as extended or modified by N-69-20, Paragraph 11, and N-71-20, Paragraph 28). 19) Executive Order N-54-20, Paragraph 7. To the extent the date governing the expiration of registration of vehicles previously registered in a foreign jurisdiction falls on or before June 30, 2021, the deadline is extended pursuant to the aforementioned orders. 20) Executive Order N-55-20: a. Paragraph 1. Statutory deadlines related to cost reports, change in scope of service requests, and reconciliation requests occurring on or before June 30, 2021 shall remain subject to the extended deadline in the aforementioned order; b. Paragraph 4; c. Paragraph 5; d. Paragraph 6; e. Paragraph 8; f. Paragraph 9; g. Paragraph 10; h. Paragraph 13; i. Paragraph 14. Statutory deadlines related to beneficiary risk assessments occurring on or before June 30, 2021 shall remain subject to the extended deadline in the aforementioned order; and Paragraph 16. Deadlines for fee -for -service providers to submit information required for a Medical Exemption Request extended on or before June 30, 2021 shall remain subject to the extended deadline granted under the aforementioned order. 21) Executive Order N-56-20: a. Paragraph 1; b. Paragraph 6; c. Paragraph 7; d. Paragraph 8; e. Paragraph 9; and f. Paragraph 11. 22) Executive Order N-59-20, Paragraph 6. 23) Executive Order N-61-20: a. Paragraph 1; b. Paragraph 2; c. Paragraph 3; and d. Paragraph 4. 24) Executive Order N-63-20: a. Paragraph 8(a) (as extended by N-71-20, Paragraph 40). The deadlines related to reports by the Division of Occupational Safety and Health (Cal/OSHA) and the Occupational Safety & Health Standards Board on proposed standards or variances due on or before June 30, 2021 shall remain subject to the extended timeframe; b. Paragraph 8(c). To the extent the date upon which the Administrative Director must act upon Medical Provider Network applications or requests for modifications or reapprovals falls on or before June 30, 2021 absent the extension in the aforementioned order, it shall remain subject to the extended timeframe; c. Paragraph 8(e). To the extent filing deadlines for a Return -to -Work Supplement appeal and any reply or responsive papers fall on or before June 30, 2021, absent the extension in the aforementioned order, they shall remain subject to the extended timeframe; d. Paragraph 9(a) (as extended and modified by N-71-20, Paragraph 39). Any deadline setting the time for the Labor Commissioner to issue any citation under the Labor Code, including a civil wage and penalty assessment pursuant to Labor Code section 1741, that, absent the aforementioned order, would have occurred or would occur between May 7, 2020 and September 29, 2021 shall be extended to September 30, 2021. Any such deadline that, absent the aforementioned order, would occur after September 29, 2021 shall be effective based on the timeframe in existence before the aforementioned order; e. Paragraph 9(b) (as extended and modified by N-71-20, Paragraph 41); f. Paragraph 9(c) (as extended and modified by N-71-20, Paragraph 39). Any deadline setting the time for a worker to file complaints and initiate proceedings with the Labor Commissioner pursuant to Labor Code sections 98, 98.7, 1700.44, and 2673.1, that, absent the aforementioned order, would have occurred or would occur between May 7, 2020 and September 29, 2021 shall be extended to September 30, 2021. Any such deadline that, absent the aforementioned order, would occur after September 29, 2021 shall be effective based on the timeframe in existence before the aforementioned order; g. Paragraph 9(d) (as extended and modified by N-71-20, Paragraph 39). Any deadline setting the time for Cal/OSHA to issue citations pursuant to Labor Code section 6317, that, absent the aforementioned order, would have occurred or would occur between May 7, 2020 and September 29, 2021 shall be extended to September 30, 2021. Any such deadline that, absent the aforementioned order, would occur after September 29, 2021 shall be effective based on the timeframe in existence before the aforementioned order; h. Paragraph 9(e) (as extended and modified by N-71-20, Paragraph 41); i. Paragraph 10; j. Paragraph 12. Any peace officer reemployed on or before June 30, 2021 pursuant to the aforementioned order shall be entitled to the extended reemployment period set forth in the order; k. Paragraph 13; I. Paragraph 14; and m. Paragraph 15 (as extended by N-71-20, Paragraph 36). 25) Executive Order N-65-20: a. Paragraph 5 (as extended by N-71-20, Paragraph 35; N-80-20, Paragraph 4; and N-01-21). Identification cards issued under Health and Safety Code section 11362.71 that would otherwise have expired absent the aforementioned extension between March 4, 2020 and June 30, 2021 shall expire on December 31, 2021; and b. Paragraph 7. 26) Executive Order N-66-20: a. Paragraph 3; b. Paragraph 4; and c. Paragraph 5. 27) Executive Order N-68-20: a. Paragraph 1. Notwithstanding the expiration of the aforementioned order, temporary licenses granted on or before June 30, 2021 shall be valid through September 30, 2021; and b. Paragraph 2. Renewal fee payments otherwise due to the to the California Department of Public Health absent the extension in the aforementioned order on or before June 30, 2021, shall be entitled to the extensions of time set forth in the aforementioned order. 28) Executive Order N-71-20: a. Paragraph 1; b. Paragraph 4; c. Paragraph 16. Where the statutory deadline for opening or completing investigations is set to occur on or before June 30, 2021, the deadline shall remain subject to the extension in the aforementioned order; and d. Paragraph 17. Where the statutory deadline for serving a notice of adverse action is due on or before June 30, 2021, the deadline shall remain subject to the extension in the aforementioned order. 29) Executive Order N-75-20: a. Paragraph 7. Children placed in foster care on or before June 30, 2021 shall receive such examinations on or before July 31, 2021; b. Paragraph 8; c. Paragraph 9; d. Paragraph 10. Any facility operating under a waiver pursuant to this provision may operate pursuant to such a waiver through the expiration as set forth by the California Department of Public Health, or September 30, 2021, whichever occurs first; and e. Paragraph 13. 30) Executive Order N-76-20, Paragraph 3. 31) Executive Order N-77-20: a. Paragraph 1; b. Paragraph 2; and c. Paragraph 3. 32) Executive Order N-78-20 (as extended and modified by N-03-21): a. Paragraph 1; and b. Paragraph 2. 33) Executive Order N-83-20: a. Paragraph 3. To the extent the Director of the Department of Alcoholic Beverage Control suspends deadlines for renewing licenses upon payment of annual fees on or before June 30, 2021, the extension shall remain valid until the effective expiration; b. Paragraph 5 (which repealed and replaced N-71-20, Paragraph 19, which extended N-52-20, Paragraph 1, and N-69-20, Paragraph 3); c. Paragraph 6 (which repealed and replaced N-71-20, Paragraph 20, which extended N-52-20, Paragraph 2, and N-69-20, Paragraph 4); and d. Paragraph 7 (which repealed and replaced N-71-20, Paragraph 21, which extended N-52-20, Paragraph 3, and N-69-20, Paragraph 5). 34) Executive Order N-84-20: a. Paragraph 1; b. Paragraph 2; c. Paragraph 3; and d. Paragraph 5. The following provisions shall remain in place and shall have full force and effect through July 31, 2021, upon which time they will expire subject to individual conditions described in the enumerated paragraphs below. 35) Executive Order N-39-20, Paragraph 8 (as extended by N-69-20, Paragraph 2 and N-71-20, Paragraph 8). 36) Executive Order N-53-20, Paragraph 1 1 (as extended or modified by N-68- 20, Paragraph 15, and N-71-20, Paragraph 26). 37) Executive Order N-71-20, Paragraph 25. 38) Executive Order N-75-20: a. Paragraph 5; and b. Paragraph 6 The following provisions shall remain in place and shall have full force and effect through September 30, 2021, upon which time they will expire subject to individual conditions described in the enumerated paragraphs below. 39) State of Emergency Proclamation dated March 4, 2020: a. Paragraph 3; and b. Paragraph 14. Any facility operating under a waiver pursuant to this provision may operate pursuant to such a waiver through the expiration as set forth by the Department of Social Services, or September 30, 2021, whichever occurs first. 40) Executive Order N-25-20: a. Paragraph 2; b. Paragraph 3; and c. Paragraph 4. 41) Executive Order N-28-20: a. Paragraph 4; and b. Paragraph 5. 42) Executive Order N-29-20, Paragraph 3, is withdrawn and replaced by the following text: Notwithstanding any other provision of state or local law (including, but not limited to, the Bagley -Keene Act or the Brown Act), and subject to the notice and accessibility requirements set forth below, a local legislative body or state body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body or state body. All requirements in both the Bagley -Keene Act and the Brown Act expressly or impliedly requiring the physical presence of members, the clerk or other personnel of the body, or of the public as a condition of participation in or quorum for a public meeting are hereby waived. In particular, any otherwise -applicable requirements that (i) state and local bodies notice each teleconference location from which a member will be participating in a public meeting; (ii) each teleconference location be accessible to the public; (iii) members of the public may address the body at each teleconference conference location; (iv) state and local bodies post agendas at all teleconference locations; (v) at least one member of the state body be physically present at the location specified in the notice of the meeting; and (vi) during teleconference meetings, a least a quorum of the members of the local body participate from locations within the boundaries of the territory over which the local body exercises jurisdiction are hereby suspended. A local legislative body or state body that holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements set forth below, shall have satisfied any requirement that the body allow members of the public to attend the meeting and offer public comment. Such a body need not make available any physical location from which members of the public may observe the meeting and offer public comment. Accessibility Requirements: If a local legislative body or state body holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the body shall also: (i) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the Americans with Disabilities Act and resolving any doubt whatsoever in favor of accessibility; and (ii) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to subparagraph (ii) of the Notice Requirements below. Notice Requirements: Except to the extent this Order expressly provides otherwise, each local legislative body and state body shall: (i) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by the Bagley -Keene Act or the Brown Act, and using the means otherwise prescribed by the Bagley -Keene Act or the Brown Act, as applicable; and (ii) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in such means of public observation and comment, or any instance prior to the issuance of this Order in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of such means, a body may satisfy this requirement by advertising such means using "the most rapid means of communication available at the time" within the meaning of Government Code, section 54954, subdivision (e); this shall include, but need not be limited to, posting such means on the body's Internet website. All of the foregoing provisions concerning the conduct of public meetings shall apply through September 30, 2021. 43) Executive Order N-32-20: a. Paragraph 1; b. Paragraph 2; and c. Paragraph 3. 44) Executive Order N-35-20: a. Paragraph 2; and b. Paragraph 12. 45) Executive Order N-39-20: a. Paragraph 2; b. Paragraph 3; and c. Paragraph 6. �c - 46) Executive Order N-40-20: a. Paragraph 12 (as extended or modified by N-66-20, paragraph 16, N-71-20, paragraph 14, and N-75-20, Paragraph 12). To the extent the Director exercised their authority pursuant to this provision on or before September 30, 2021, the extension shall remain valid until the effective expiration of the applicable waiver; and b. Paragraph 18. 47) Executive Order N-42-20. 48) Executive Order N-43-20. 49) Executive Order N-49-20, Paragraph 2. 50) Executive Order N-54-20: a. Paragraph 8 (as extended by N-80-20, Paragraph 6); and b. Paragraph 9. To the extent any timeframe within which a California Native American tribe must request consultation and the lead agency must begin the consultation process relating to an Environmental Impact Report, Negative Declaration, or Mitigated Negative Declaration under the California Environmental Quality Act extends beyond September 30, 2021, the tribe and lead agency will receive the benefit of the extension so long as the triggering event occurred on or before September 30, 2021. 51) Executive Order N-55-20: a. Paragraph 2; b. Paragraph 3; c. Paragraph 7. All on -site licensing visits which would have been due on or before September 30, 2021 shall occur before December 31, 2021; d. Paragraph 1 1; and e. Paragraph 12. 52) Executive Order N-56-20, Paragraph 10 is withdrawn and superseded by the following text: Paragraph 42 of this Order, including the conditions specified therein, shall apply to meetings held pursuant to Article 3 of Chapter 2 of Part 21 of Division 3 of Title 2 of the Education Code and Education Code section 47604.1(b) . 53) Executive Order N-58-20 (as extended by N-71-20, Paragraph 29). 54) Executive Order N-59-20: a. Paragraph 1. The sworn statement or verbal attestation of pregnancy must be submitted on or before September 30, 2021 and medical verification of pregnancy must be submitted within 30 working days following submittal of the sworn statement or verbal attestation for benefits to continue; b. Paragraph 2 (as extended and modified by N-69-20, Paragraph 14, and N-71-20, Paragraph 31); c. Paragraph 3 (as extended and modified by N-69-20, Paragraph 15, and N-71-20, Paragraph 32); and d. Paragraph 4 (as extended and modified by N-69-20, Paragraph 16, and N-71-20, Paragraph 33). 55) Executive Order N-63-20: a. Paragraph 8(b). To the extent filing deadlines for claims and liens fall on or before September 30, 2021, absent the extension in the aforementioned order, they shall remain subject to the extended timeframe; and b. Paragraph 11. 56) Executive Order N-66-20, Paragraph 6. 57) Executive Order N-71-20: a. Paragraph 15; b. Paragraph 22; and c. Paragraph 23. 58) Executive Order N-75-20: a. Paragraph 1; b. Paragraph 2; and c. Paragraph 4. 59) Executive Order N-80-20: a. Paragraph 3; and b. Paragraph 7. 60) Executive Order N-83-20 a. Paragraph 2 is withdrawn and replaced by the following text: The deadline to pay annual fees, including any installment payments, currently due or that will become due during the proclaimed emergency, as specified in Business and Professions Code sections 19942, 19951, 19954, 19955, 19984, and any accompanying regulations is September 30, 2021; the deadlines for submission of any application or deposit fee, as specified in Business and Professions Code sections 19951 (a), 19867, 19868, 19876, 19877, 19942, 19984, and any accompanying regulations is no later than September 30, 2021, or per existing requirements, whichever date is later. b. Paragraph 4. 61) Executive Order N-03-21, Paragraph 3, is withdrawn and replaced by the following text: As applied to commercial evictions only, the timeframe for the protections set forth in Paragraph 2 of Executive Order N-28-20 (and extended by Paragraph 21 of Executive Order N-66-20, Paragraph 3 of Executive Order N-71-20, and Paragraph 2 of Executive Order N-80-20) is extended through September 30, 2021. IT IS FURTHER ORDERED that, as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order. This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 11 th day of June 2021. 4AX" GAVIN NEWSOM Governor of California ATTEST: SHIRLEY N. WEBER, PH.D. Secretary of State 11/23/21, 2:53 PM Bill Text-AB-361 Open meetings: state and local agencies: teleconferences. LEGISLATIVE INFORMATION Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites AB-361 Open meetings: state and local agencies: teleconferences. (2021-2022) SHARE THIS: In � Date Published: 09/17/2021 09:00 PM Assembly Bill No. 361 CHAPTER 165 An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021. LEGISLATIVE COUNSEL'S DIGEST AB 361, Robert Rivas. Open meetings: state and local agencies: teleconferences. (1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public. The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void. Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances. Executive Order No. N-29-20 suspends the Ralph M. Brown Act's requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified. This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 1/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided. This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call -in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified. This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures. Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person's name, or to provide other information, or to fulfill any condition precedent to the person's attendance. This bill would exclude from that prohibition, a registration requirement imposed by a third -party internet website or other online platform not under the control of the legislative body. (2) Existing law, the Bagley -Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting. The Governor's Executive Order No. N-29-20 suspends the requirements of the Bagley -Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified. This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided. (3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 2/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. connection with the operations of California State University campuses. The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law. This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location. Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided. (4) This bill would declare the Legislature's intent, consistent with the Governor's Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options. (5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last. (6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 89305.6 is added to the Education Code, to read: 89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. (b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended. (2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended: https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 3/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location. (D) Post agendas at all teleconference locations. (E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting. (c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following: (1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following: (1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body's internet website. (f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed. SEC. 2. Section 11133 is added to the Government Code, to read: 11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. (b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended. https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 4/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended: (A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location. (D) Post agendas at all teleconference locations. (E) At least one member of the state body be physically present at the location specified in the notice of the meeting. (c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following: (1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following: (1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body's internet website. (f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed. SEC. 3. Section 54953 of the Government Code is amended to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 5/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) 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. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances: (A) 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. (B) 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. https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 6/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following: (A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call -in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call -in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call -in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call -in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1. (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third -party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote: (A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist: (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 7/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. SEC. 3.1. Section 54953 of the Government Code is amended to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) 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. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 8/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. https:// (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances: (A) 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. (B) 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. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following: (A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call -in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call -in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call -in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call -in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1. (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third -party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. eginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 9/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote: (A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist: (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. SEC. 4. Section 54953 is added to the Government Code, to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) 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 subdivision (d). 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. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 10/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024. SEC. 4.1. Section 54953 is added to the Government Code, to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) 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 subdivision (d). 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. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 11/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1. during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024. SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative. SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor's Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic. SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies. SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley -Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings. https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 12/13 11/23/21, 2:53 PM Bill Text -AB-361 Open meetings: state and local agencies: teleconferences. (b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public's right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: (1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member's private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public's right to access information concerning the conduct of the people's business. SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately. https://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=202120220AB361 13/13 To: Date: From: STAFF REPORT Honorable Mayor and City Council January 18, 2022 AGENDA NO: 9a MEETING DATE: January 18, 2022 Kevin Gardiner, Community Development Director — (650) 558-7253 Joseph Sanfilippo, Econ Development & Housing Specialist — (650) 558-7264 Subject: Adoption of a Resolution Setting a Parklet Cleaning Fee Structure and Amending the Master Fee Schedule Accordingly RECOMMENDATION Staff recommends that the City Council adopt the attached resolution setting a cleaning fee structure for parklets and amending the Master Fee Schedule accordingly. BACKGROUND In 2020, the City Council initiated a series of measures to facilitate safe outdoor dining in the midst of the COVID-19 pandemic. The measures included implementing temporary weekend street closure programs for both Downtown Burlingame Avenue and Broadway and installing parklets on side streets in the Downtown Burlingame Avenue area. Ultimately, the street closure program was terminated in favor of allowing full-time parklets. At the August 16, 2021 City Council meeting, the Council approved the extension of the parklet program through Labor Day (September 5) 2022. The Council was in favor of: extending parklet usage requirements from three days a week to four days a week; considering a rent/fee structure for cleaning cost recovery and lost parking revenue recovery; considering basic design standards for parklets; and including indemnification language in the parklet permits. At the December 6, 2021 City Council meeting, the Council approved extending the parklet program through December 31, 2022, with the provision that a rent be charged for use of publicly -owned space, and that sidewalk cleaning fees be assessed. The City Council passed a motion to adopt a $1,500 per year rent program, with cleaning fees to be adopted in the future and with any future fee escalation to be approved by the Council. At their January 3, 2022 meeting, the City Council adopted a resolution setting the $1,500 per year rent. At that meeting, Councilmembers requested additional data be provided on cleaning costs incurred by the City to maintain the parklets. 1 Parklet Cleaning and Maintenance Fee Structure January 18, 2022 DISCUSSION Currently, there are parklets installed at 43 locations, impacting 88 parking stalls between Burlingame Avenue (and side streets) and the Broadway downtown districts. The Downtown Maintenance Public Works staff have incorporated into their daily routines the additional work necessary to maintain the water walls and cleanliness around the parklets, including: A. Parklet surrounding area including inaccessible curb and putter • The parklets have reduced the ability of the street sweeper to clean the curb and gutter areas where parklets are placed. The street sweeper is no longer able to access the curb at the parklet, or the areas 12 feet before and after each parklet due to the turning radius required to depart from and enter the curb face. Therefore, staff now reports to work 30 minutes prior to the street sweeper's shift to address the inaccessible areas around the parklets. Monday thru Friday, a two -person staff team utilizes electric blowers to blow leaves and debris from around each parklet into the roadway so that the street sweeper can then remove the debris that had accumulated. • This daily job task takes 45 minutes, per person, five days per week. B. Additional Sidewalk Cleaning • Restaurant parklets have introduced an unsightly combination of grease, food, and drink spills, which are then tracked onto the pavers and concrete sidewalk areas away from the immediate parklet. Staff has a regular schedule for paver cleaning and sidewalk power washing and spot mopping activities. However, with the increased use of the sidewalk and subsequent tracking of grease and spills, the staff has been required to perform additional targeted power washing activities. • Each week, staff spends approximately five hours per person addressing the dirty pavers and concrete sidewalks that have the additional tracking of grease, food, and drink spills. Most of this additional work is encompassed within staff members' daily tasks, but overtime is sometimes required. C. Water wall barrier cleaning and maintenance • The orange water walls barriers have been installed to safely identify and protect individual parklets. Staff regularly spends time maintaining the aesthetics and placement of the water walls. - These barriers have been targeted by graffiti and stickers, which staff has been proactive in removing as soon as they are noticed. This work typically takes place before 7:00 am, since the merchants are not always accessible to react early in the day to mitigate the issues. - If barriers have been nudged or pushed out of place, staff repositions them back into alignment. • The total time to clean and maintain the water wall barriers is estimated at 2.5 hours per week. The above work and activities to maintain the aesthetics and cleanliness of the streets and sidewalks around the parklets require (on average) 20 hours of work each week. 2 Parklet Cleaning and Maintenance Fee Structure January 18, 2022 The tables below outline the hours per week and staff costs for each work activity described above: TABLE 1: MAINTENANCE STAFF HOURS PER WEEK Activity Weekly Hours A — Parklet surrounding area including inaccessible curb and gutter 7.5 B — Additional sidewalk cleaning 10.0 C — Water wall barrier cleaning and maintenance 2.5 Total 20.0 20 hours @ 52 weeks = 1,040 hours per year TABLE 2: STAFF TIME COST Staff Time Cost (Billable rates) Position Rate er hour Leadworker $83.11 Maintenance Worker $74.31 Average $78.71 X 1,040 hours per ear $81,858.40 Average Annual Staff Cost TABLE 3: EQUIPMENT COST Equipment Cost Billable rates Item Rate (per hour) Power washer $37 X 5 hours per week x 52 weeks $9,620 Service truck $42 X 1040 hours per year $43,680 Average Annual Equipment Cost $53,300 TABLE 4: TOTAL PARKLET CLEANING AND MAINTENANCE COST Total Parklet Cleaning Cost Annual Rate Average Monthly Per Parklet 43 locations Staff $81,858.40 Equipment $53,300.00 Total $135,158.40 $11,263.20 $261.93 $261.99 Monthly Parklet Cleaning Cost Based on the above information, staff suggests a cleaning fee of $250 per parklet per month. This will assist to cover the additional cost of cleaning services that are required to maintain the parklets at the current standard. It should be noted that a vast majority of the 20 hours of extra work required to clean and maintain around the parklet areas is currently being incorporated into the Downtown Maintenance staff's 3 Parklet Cleaning and Maintenance Fee Structure January 18, 2022 regular work week. The additional work has diminished the extent to which they can give much additional attention to the side streets near Broadway and Burlingame Avenue. This suggested $250 fee is below prior estimates and reflects the detailed analysis that has been prepared to evaluate this matter. Staff will continue to monitor hours incurred in cleaning sidewalks and maintaining parklets, and provide further updates if the program is to continue longer term. No application fees other than sidewalk encroachment permit fees is proposed, for either existing or new parklets. Each parklet typically requires a sidewalk encroachment permit, so the review of the parklet application can be included with the encroachment permit review. Businesses utilizing the sidewalk for dining are charged an encroachment permit fee of $431 plus $1.00/sf for each square foot over 200 (per the 2021-22 Master Fee Schedule). If the City Council adopts a parklet cleaning fee, the Master Fee Schedule should also be amended to reflect the new fee. FISCAL IMPACT There are currently 43 parklets in the Broadway and Downtown districts, totaling 88 parking spaces. Based on the analysis above, staff is incurring approximately $11,265 per month ($135,180 per year) in additional costs beyond those normally involved in cleaning and maintaining sidewalks. At the suggested monthly fee of $250 per parklet per month, the City would recover $10,750 per month, or $129,000 per year. The remaining $6,180 not covered by the fees would be paid from the General Fund. The fiscal impact calculations above do not account for foregone meter revenue. The revenue ordinarily collected from parking spaces varies depending on location and occupancy. Exhibit: • Resolution F, RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME SETTING A PARKLET CLEANING FEE STRUCTURE AND AMENDING THE MASTER FEE SCHEDULE ACCORDINGLY WHEREAS, in 2020, the City Council initiated a series of measures to facilitate safe outdoor dining in the midst of the COVID-19 pandemic; and WHEREAS, the measures included implementing temporary weekend street closure programs for both Downtown Burlingame Avenue and Broadway and installing parklets on side streets in the Downtown Burlingame Avenue area; and WHEREAS, the street closure program was discontinued in favor of allowing full-time parklets; and WHEREAS, at the August 16, 2021 City Council meeting, the Council approved the extension of the parklet program through Labor Day (September 5) 2022; and WHEREAS, at the December 6, 2021 City Council meeting, recognizing the popularity of the parklet program and the need to provide additional certainty to businesses, the Council approved extending the parklet program through December 31, 2022, with the provision that a rent be charged for use of publicly -owned space; and WHEREAS, at the December 6, 2021 meeting, the City Council reviewed and discussed a rental structure patterned after the City of Mountain View's Sidewalk Cafe Program, in recognition that the Mountain View program was established more than two decades ago and is oriented towards long-term use of parking spaces for sidewalk dining; and WHEREAS, the City Council also reviewed rent and fee structures from the City of San Mateo, Redwood City, San Bruno, South San Francisco, Los Gatos, and Capitola; and WHEREAS, the City Council passed a motion to adopt a $1,500 per year rent program, with cleaning fees to be adopted in the future and with any future fee escalation to be approved by the Council, and WHEREAS, at the January 3, 2022 meeting, the City Council passed a resolution to adopt a $1,500 flat rate for use of parklet area for the calendar year concluding on December 31, 2022; and WHEREAS, the City Council directed staff to itemize cleaning costs associated with parklets to determine an appropriate cleaning fee; and WHEREAS, the City Council held a duly noticed public hearing to consider cleaning fees for parklets; and RESOLUTION NO. WHEREAS, the City Council has reviewed the information contained in this Resolution and the accompanying staff report and attachments at a meeting held on January 18, 2022, as well as the testimony received during the public hearing; and, WHEREAS, the City Council now desires to set the cleaning fees for parklets and to amend the Master Fee Schedule accordingly. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES RESOLVE AS FOLLOWS: Section 1. The foregoing recitals are true and correct and incorporated into this Resolution by this reference. Section 2. The fee structure ("fee") listed in Exhibit "A" to this Resolution, attached hereto and incorporated herein by reference, shall be imposed on a monthly basis at the rate set forth in Exhibit "A"; and the Master Fee Schedule shall be amended to incorporate said fee. Section 3. This Resolution shall take effect upon adoption. Ricardo Ortiz, Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 181" day of January, 2022 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 2 Meaghan Hassel -Shearer, City Clerk RESOLUTION NO. EXHIBIT A Parklet Cleaning Fee Structure Cleaning Fee: $250 per month per parklet BUR— IN�AAGENDA NO: 10a STAFF REPORT MEETING DATE: January 18, 2022 To: Honorable Mayor and City Council Date: January 18, 2022 From: Lisa Goldman, City Manager — (650) 558-7204 Subject: Consideration of One Appointment to the Library Board of Trustees to Fill the Remainder of a Term RECOMMENDATION Staff recommends that the City Council make appointment to fill one vacancy on the Library Board or take other action. BACKGROUND The vacancy is due to the resignation of Board Member Kristin Capkin, who has moved out of the area. Staff publicized the vacancy and sent notification letters to past Commission applicants. The City received five applications as of the deadline of December 29, 2021, and the City Council interviewed Carolyn Daley, William Schlotter, Kay Coskey, Mark Lucchesi, and Julie Kuwabara on January 10, 2022, via Zoom. The appointee term will be for one year, ending on June 30, 2023. 1 I BUIRLIINGAMESTAFF • R Avovw To: Honorable Mayor and City Council Date: January 18, 2022 From: Mike Matteucci, Chief of Police AGENDA NO: 10b MEETING DATE: January 18, 2022 Subject: Discussion of Automated License Plate Readers (ALPR) RECOMMENDATION Staff recommends that the City Council discuss whether it wishes to deploy Automated License Plate Readers (ALPRs) in Burlingame. BACKGROUND ALPR systems are camera systems designed to read license plates with the use of optical character recognition. ALPR systems can be fixed or mobile. The most common ALPR systems people encounter are those at bridge toll crossings nISC_IISSInN In June 2015, the Burlingame City Council discussed ALPRs and opted not to utilize them in Burlingame. Since that time, however, some Councilmembers have heard from constituents about their interest in deploying this technology in Burlingame. For that reason, Councilmember O'Brien Keighran asked that a discussion of ALPRs be placed on a future Council agenda. Benefits of ALPRs Burlingame is one of four cities in San Mateo County not currently utilizing ALPRs. According to the cities that have deployed them, the technology has been successful in solving crimes, locating and apprehending wanted individuals, locating missing persons and stolen vehicles, and preventing criminal activity. For example, in regards to the recent "mob style" grab and run thefts plaguing Bay Area retail shopping areas, victim agencies are able to "flag" vehicle license plate numbers associated with these thefts in the ALPR system. Agencies with ALPRs can then be alerted if these vehicles enter their jurisdiction and can immediately send Officers to their retail areas in an effort to prevent thefts from occurring. ALPRs can also be configured to send alerts if multiple vehicles without a license plate pass a reader within a short time frame, as many of these thefts occur using multiple vehicles with covered or no license plates. 1 Automated License Plate Reader (ALPR) Discussion January 18, 2022 There are many other ways ALPRs can be used to combat crime and increase the quality of life in Burlingame. For example, ALPRs could be used to deter auto burglaries along "hotel -row" (Bayshore Highway and Airport Blvd). Those responsible often utilize stolen or embezzled rental vehicles to commit these crimes. ALPRs would send an alert if these vehicles entered Burlingame, and Officers could immediately respond to the area in an attempt to prevent these crimes from occurring or apprehend suspects. This same strategy can be utilized in residential neighborhoods to combat residential and auto burglaries. In addition, vehicles used by suspects arrested in other jurisdictions committing crimes similar in nature to those committed in Burlingame could be cross checked against Burlingame ALPR data, furnishing Investigators with a tool to help identify suspects and solve Burlingame crimes. Criminals are also becoming more aware of which cities utilize ALPRs, and may start targeting those which do not. Arguments against ALPRs There are a number of concerns with the deployment of ALPRs. These include: • License plate data reveals the travel histories of millions who have committed no crime. • Information captured by readers is pooled into regional sharing systems, resulting in an enormous database of innocent motorists. • The collected information may be retained for years with few or no restrictions to protect privacy. • Data breaches and inappropriate accessing of data by users with authorization codes are possible. • The monetary cost and privacy concerns outweigh the crime reduction benefits. Costs and Next Steps The cost to deploy ALPRs is approximately $2500 per ALPR, per year. This is a lease price that would cover installation, maintenance, replacement, and 30 days of data storage. The City would retain control of the data (retention schedules, sharing policies, etc.). Any data that the Police Department chose to share with neighboring jurisdictions would be restricted and protected by policies equivalent to the policies used to protect criminal history information. Officers and Investigators from any agency (including Burlingame) could not arbitrarily search the database without permission and cause. If the City Council were to authorize the use of ALPRs within Burlingame, staff would return to the City Council with recommendations as to the number of ALPRs utilized and their locations. Staff would also need to develop policies regarding data retention and data sharing. FISCAL IMPACT There is no fiscal impact associated with this report. Should the City Council choose to move forward with the deployment of ALPRs, then the cost would depend on the number of ALPRs utilized. 2 Automated License Plate Reader (ALPR) Discussion January 18, 2022 Exhibit: None