CC 2021-06-08_11b Resuming In Person Council Meetings and Appropriation of PEG FundsMEMORANDUM
TO: CITY COUNCIL
FROM: WHITNEY MCDONALD, CITY MANAGER
BY: JESSICA MATSON, LEGISLATIVE & INFORMATION SERVICES
DIRECTOR/CITY CLERK
SUBJECT: CONSIDERATION OF RESUMING IN-PERSON CITY COUNCIL
MEETINGS, INCLUDING CONSIDERATION OF A HYBRID MEETING
SOLUTION AND APPROPRIATION OF PUBLIC, EDUCATION AND
GOVERNMENTAL ACCESS CHANNELS FUNDS TO FUND THE
PROJECT
D ATE: JUNE 8, 2021
SUMMARY OF ACTION:
Consideration of options for resuming in-person City Council meetings, including
consideration of hybrid meeting solutions, as the COVID-19 pandemic recedes and the
State is expected to lift certain COVID-19 orders that currently impact the ability to
conduct in-person meetings, and appropriation of Public, Education, and Governmental
Access Channels (PEG) funds to pay for the project.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Selecting a hybrid City Council meeting solution will require the upgrade of a presentation
laptop for the meeting operators in the City Council Chamber in the amount of $1,700.
Additionally, selecting hybrid solution Option 2 will incur a cost of approximately $20,000.
Because this initiative relates to the City’s Public Access Channel, PEG funds can be
used to cover the cost of the hybrid solution. The current anticipated fund balance at June
30, 2021 is $190,852. Personnel resources will also be required to coordinate the hybrid
solution and install new equipment. In the long-term, there may be some cost savings
when presentations from out-of-town consultants are requested.
RECOMMENDATION:
It is recommended the City Council consider resuming in-person meetings on July 27,
2021, following the lifting of certain State COVID-19 restrictions on gatherings and
capacity and distancing limitations currently anticipated to occur on June 15, 2021, and
select hybrid meeting solution Option 2.
Item 11.b. - Page 1
CITY COUNCIL
CONSIDERATION OF RESUMING IN-PERSON CITY COUNCIL MEETINGS,
INCLUDING CONSIDERATION OF A HYBRID MEETING SOLUTION AND
APPROPRIATION OF PUBLIC, EDUCATION AND GOVERNMENTAL ACCESS
CHANNELS FUNDS TO FUND THE PROJECT
JUNE 8, 2021
PAGE 2
BACKGROUND:
As the City Council is aware, in accordance with Section 8.12.060 of the Arroyo Grande
Municipal Code, the City Manager, in his capacity as the Director of Emergency Services,
proclaimed a local emergency on March 16, 2020, regarding the COVID-19 pandemic.
The City Council ratified the proclamation at its regular meeting on March 24, 2020, and
has continued to ratify ongoing proclamations since that time in accordance Municipal
Code requirements.
On March 17, 2020, the Governor issued Executive Order N-29-20. This Executive Order
allows for a deviation of teleconference rules required by the Ralph M. Brown Act, allowing
City Council meetings to be conducted entirely by video/teleconferencing without certain
restrictions and posting requirements otherwise required by statute. The City began using
a teleconferencing solution with its March 24, 2020 City Council meeting. On November
10, 2020, the City transitioned to the use of a videoconferencing service using Zoom for
its City Council, Planning Commission, and Architectural Review Committee meetings.
Meetings have continued to be broadcast live on Channel 20 and streamed on the City’s
website and www.slo-span.org. Members of the public have participated and provided
public comment on agenda items during the meeting by joining virtually or by submitting
written public comments to the City Clerk at publiccomment@arroyogrande.org.
ANALYSIS OF ISSUES:
On April 7, 2021, the Governor announced his intent to lift COVID-19 restrictions on
gatherings and other COVID-19-related capacity and distancing restrictions on June 15,
2021, so long as vaccine supply remains sufficient for all Californians over the age of 16
and hospitalization rates remain stable and low. On June 2, 2021, the Governor
announced that Executive Order N-29-20 will not terminate on June 15, 2021 and all local
government agencies can continue to conduct virtual public meetings as needed.
Notwithstanding, staff recommends the consideration of resuming in-person Council
meetings. In addition, to continue providing the public with a convenient method to
connect with their local officials and participate in the democratic process, staff is
recommending Council consider a hybrid meeting solution. The hybrid meeting solution
would allow for both in-person Council meetings inside the Council Chamber as well as
a virtual participation option for the public, consultants, staff, and Council members who
may be out of town.
Going forward, the following hybrid meeting solution options are presented for discussion
and consideration:
Option 1
Continue utilizing the existing Chamber audio/video system and video converter to
provide a view of the Chamber to remote attendees via Zoom.
Item 11.b. - Page 2
CITY COUNCIL
CONSIDERATION OF RESUMING IN-PERSON CITY COUNCIL MEETINGS,
INCLUDING CONSIDERATION OF A HYBRID MEETING SOLUTION AND
APPROPRIATION OF PUBLIC, EDUCATION AND GOVERNMENTAL ACCESS
CHANNELS FUNDS TO FUND THE PROJECT
JUNE 8, 2021
PAGE 3
Considerations:
• Remote attendees would be audio only and would not be seen by the Council or
public;
• Presentations must be performed in the Chamber and controlled by staff from
within the Chamber;
• Meeting broadcast to Channel 20, and slo-span.org would continue as usual;
• Meeting recordings would continue as usual.
• Technology upgrade:
o Presentation laptop for operators: approximately $1,700
Option 2:
Utilize existing Chamber audio/video system and add network and audio/video
processing equipment to provide a view of the Chamber and a view of remote attendees,
if required. The approximate cost of this option is $20,000 and can be implemented by
August 2021.
Considerations:
• Remote attendees could activate audio and video if required;
• Presentations could be performed in the Chamber or remotely;
• Meeting broadcast to Channel 20, and slo-span.org would continue as usual;
• Meeting recordings would continue as usual.
• Technology upgrade:
o Presentation laptop for operators: approximately $1,700;
o New video processing and network hardware, video processing software,
system design, engineering, and implementation support: approximately
$20,000
PEG funds are available to be utilized for either option. The current anticipated fund
balance at June 30, 2021 is $190,852.
Staff recommends resuming in-person Council meetings on July 27, 2021 and moving
forward with hybrid meeting solution Option 2.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Direct staff to resume in-person City Council meetings on July 27, 2021 and
select Option 1 for a hybrid meeting solution; or
2. Direct staff to resume in-person City Council meetings on July 27, 2021 and
select Option 2 for a hybrid meeting solution; or
3. Direct staff to resume in-person City Council meetings on July 27, 2021 and do
not provide a hybrid meeting solution; or
Item 11.b. - Page 3
CITY COUNCIL
CONSIDERATION OF RESUMING IN-PERSON CITY COUNCIL MEETINGS,
INCLUDING CONSIDERATION OF A HYBRID MEETING SOLUTION AND
APPROPRIATION OF PUBLIC, EDUCATION AND GOVERNMENTAL ACCESS
CHANNELS FUNDS TO FUND THE PROJECT
JUNE 8, 2021
PAGE 4
4. Do not provide direction regarding the resumption of in-person City Council
meetings at this time; or
5. Provide other direction to staff.
ADVANTAGES:
Resuming in-person City Council meetings and selecting a hybrid meeting solution will
allow for potential greater public participation. A hybrid meeting solution could have cost
savings in the long-term.
DISADVANTAGES:
There will be minimal impact to staff to comply with current COVID-19 health guidelines.
Funding a hybrid meeting solution will decrease funds available for other public access
projects.
ENVIRONMENTAL REVIEW:
Not required.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Executive Order N-29-20
Item 11.b. - Page 4
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-29-20
WHEREAS on March 4, 2020, I proclaimed a State of Eme rgency t o 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 vu lnerable 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 beneficia rie s to
continue their benefits, in accordance with processes es tablished by th e
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 c ritical employees to focus on health needs may
prevent Medi-Cal, CalFresh, CalWORKs, 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, I find
that strict compliance w ith 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 o f 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 issu e the following order t o become effect ive
immediately:
IT IS HEREBY ORDERED THAT:
1. As to individuals currently eligible for benefit s under Medi-Cal, CalFresh ,
CalWORKs, the Cash Assistance Program for Immigrants, the California
Food Assistance Program , or In Home Supportive Services bene fits , and
to the extent necessary to allow such individu als to maintain eligibility
for such benefits, any state law, including but not limited to California
Code of Regulations, Titl e 22 , section 50189(a) and Welfare and
Institutions Code sections 18940 and 11265, that would req uire
redetermination of such benefits is suspended for a period of 90 days
from the date of this Order. Thi s Orde r shall be construed to be
consisten t with applicable federal laws , including but not limite d to
Code of Federal Regulations, Title 42, section 435.912, subdivis ion (e),
as interpreted by the Centers for Medicare and Medicaid Services (in
guidan ce iss ued on January 30, 2018) to permit the extension of
Attachment 1
Item 11.b. - Page 5
otherwise-applicable Medicaid time lim its in emergency situations.
2. Through June 17, 2020, any month or partial month in which California
Work Opportunity and Responsibility to Kids (CalWORKs) a id or services
are received pursuant to Welfare and Institutions Code Section 11200
et seq. sha ll not be counted for purposes of t he 48-month time lim it set
forth in Welfare an In stitutions Code Section 11454. Any waiver of this
time limit shall not be applied if it will exceed the federal time li m its set
forth in Code of Federal Regulations, Tit le 45, section 264 . l .
3. 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 e lectronica ll y 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 cond iti on
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 publi c
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 a ll teleconference
locations;
(v) at least one member of the state body be physically prese nt
at the location specified in the notice of the meeting; and
(vi) during t e leconference mee tings , a least a quorum of t he
members of the local body participate from locations w ithin
the boundaries of the territory over which the loca l body
exercises jurisdiction
are hereby suspended.
A local legislative body or state body that holds a meeting via
t e leconferencing and allows members of t he public to observe and
address the meeting te lep honica ll y or otherwise e lectronically,
consistent with the notice and accessibility requirements set forth
below, shall have satisfied any requirement that the body a ll ow
Item 11.b. - Page 6
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 t o
subparagraph (ii) of the Notice Requ irements 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 tim e frames
otherwise prescribed by the Bagley-Keene Act or t he 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
comme nt. 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 th e
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" wi t hin the meaning of
Government Code, section 5 4954, 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 peri o d in which state or local
public health officials have imposed or recommended social
distancing m e asures.
Item 11.b. - Page 7
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 p rovide 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 w idespread publicity and
notice be given of this Order.
This Order is not intended to , and does not, create any rights or benefits,
substantive or procedura l, enforceable at law or in equity, against t he 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 St ate of
California to be affixed this l 7th day
of Marc 2020.
ATTEST:
ALEX PADILLA
Secretary of State
Item 11.b. - Page 8