HomeMy Public PortalAbout2020-03-19 Item 1CITY COUNCILAGENDA REPORTT%*:d.:ciKFCITY OF MILLBRAE621 Magnolia AvenueMillbrae, CA 94030SUBJECT: Resolution proclaiming a local emergency inresponse to the COVID-19, also known as thecoronavims outbreakAttachments: 1) Resolution of the City CouncilProclaiming a Local Emergency;2) Governor Executive Order N-25-20, 3) Order of theHealth Officer of San Mateo County Directing AllIndividuals Living in the County to Shelter at Their Placeof ResidenceReport No. ^ ^ 3^For Agenda of: March 19, 2020Department: City ManagerOriginator: Thomas C. Williams - CityManager ^^Approved:^r^/<Budget ActionYes:No:Finance Review:xINFORMATIONALREPORT TYPE: ACTIONITEM TYPE: CONSENT PUBLIC HEARINGEXISTING BUSINESS NEW BUSINESSRECOMMENDATION:Adopt Resolution declaring a "local emergency," pursuant the California Emergency Services Act (GOV.Code §§ 8550 etseq.) ("Act") and an "emergency" pursuant to Millbrae Municipal Code Chapter 2.25Emergency Organization and Functions ("Chapter 2.25"), in response to the COVID-19, also known asthe coronavims outbreak.BACKGROUNDThe County of San Mateo has confirmed cases of individuals who have a severe, acute respiratoryillness caused by a new coronavims ("COVID-19"), which was first detected in Wuhan, China onDecember 31,2019.On March 4, 2020, Governor Newsom issued Executive Order N-25-20, proclaiming a State ofEmergency, pursuant to the Act, as a result of the threat of COVID-19. (Attachment 2). A week later onMarch 11, 2020, the World Health Organization declared the coronavirus outbreak a pandemic. OnMarch 13, 2020, the President of the United States declared a National Emergency in response to thespread of COVID-19.On March 16, 2020, the San Mateo County Health Officer issued an order directing all residents of SanMateo County to shelter at their places of residence, except to provide or receive essential services,engage in certain essential activities, and work for essential businesses and governmental services. Thisorder is in effect from 12:01 a.m. on March 17, 2020 through 11:59 p.m. on April 7, 2020 (Attachment3).DISCUSSIONThis special meeting of the City Council is to consider a resolution ("Resolution") proclaiming a "localemergency" pursuant to the Act, and an "emergency" pursuant to Chapter 2.25, in response to theCOVID-19 pandemic and recent orders from the Governor of California and San Mateo County HealthPage 1 of 216404450.1
Officer. A "local emergency" pursuant to the Act, and an "emergency" pursuant to Chapter 2.25 areidentically defined as a "conditionQ of disaster or of extreme peril to the safety of persons and propertywithin the territorial limits of a county, city and county, or city [...] beyond the control of the services,personnel, equipment, and facilities of that political subdivision and require the combined forces of otherpolitical subdivisions to combat."This Resolution will allow the City ofMillbrae to access mutual aid from other local and state agencies,funding, equipment and supplies from California Governor's Office of Emergency Services, and FederalEmergency Management Agency to assist the City in the battle against the coronavims.This Resolution will also grant powers to the City Manager, in his capacity as the Director of EmergencyServices, that will allow the City to continue providing vital services during the duration of the emergencyand to limit the impact of the coronavims on the community and on the City's employees who are on thefront lines of combating the coronavims and continuing serving the public need.Although City facilities are closed to the public the City continues to operate essential City services toensure:Administration (City Manager);Public Safety (Police and Fire);Reliable and Operable Infrastructure (Public Works);Building Permit and Inspections Services (Community Development) - limited to residentialdevelopment currently under construction, commercial buildings in their final phase to ensurehealth safety, and all emergency repairs, such as water heaters, roofs and HVAC. Plans andpermits are only accepted through online submittals; andCollection of Accounts Receivable, Accounts Payable, Water and Sewer Billings, and other vitalfinancial functions of the City (Finance)FISCAL IMPACT:There is no fiscal impact to adopting the Resolution. However, adopting the Resolution will both grantthe City Manager additional authority to incur expenses needed for the protection of life and property,and make the City eligible to receive increased financial assistance to address its costs of containingCOVID-19.COUNCIL ACTION:Adopt Resolution declaring a "local emergency" pursuant to the Act, and an "emergency" pursuant toChapter 2.25 in response to the COVID-19, also known as the coronavims outbreak.Page 2 of 216404450.1
ATTACHMENT 1CITY OF MILLBRAE, COUNTY OF SAN MATEOSTATE OF CALIFORNIA***RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILLBRAEPROCLAIMING A LOCAL EMERGENCY DUE TO THE NOVELCORONAVIRUSWHEREAS, the City Manager, in his capacity as the Director of EmergencyServices pursuant to Millbrae Municipal Code section 2.25.050, has requested that the CityCouncil of the City ofMillbrae ("Council") proclaim the existence of a local emergencypursuant to Millbrae IVIunicipal Code section 2.25.060(A)(1); andWHEREAS, Millbrae Municipal Code section 2.25.020 and CaliforniaGovernment Code Section 8558 define "emergency" and "local emergency" (respectively)as "existence of conditions of disaster or of extreme peril to the safety of persons andproperty" within specified territorial limits, including those caused by epidemic, which "areor are likely to be beyond the control of the services, personnel, equipment, and facilities"of a particular political subdivision such as the City ofMillbrae ("City"), and which require"the combined forces of other political subdivisions to combat. ..." Such conditions arereferred to herein as "local emergency"; andWHEREAS, the United States of America has confirmed cases of individuals whohave a severe acute respiratory illness caused by a new coronavirus ("COVID- 19" or "thevirus"), which was first detected in Wuhan, Hubei Province, People's Republic of China("China") on December 31, 2019; andWHEREAS, World Health Organization ("WHO") officials now report thatsustained human-to-human transmission of the virus is occurring. Transmission fromasymptomatic individuals has been documented. Suspected community transmission of thevirus is occurring in the United States; andWHEREAS, although the majority of individuals infected with COVID-19 recoverfrom the disease without special treatment, there is significant potential for seriousinfection and death; andWHEREAS, on January 30,2020, WHO declared the COVID-1 9 outbreak a publichealth emergency of international concern, and on January 31, 2020, the U.S. Departmentof Health and Human Services declared a Public Health Emergency for the United Statesof America; and16397534.2
WHEREAS, on or about March 4, 2020, as part of the State of California'sresponse to address the global COVID-19 outbreak, Governor Gavin Newsom declared aState of Emergency to make additional resources available, formalize emergency actionsalready imderway across multiple state agencies and departments, and help the stateprepare for broader spread ofCOVID-19 following one official COVID-19 death; andWHEREAS, on March 5, 2020, the County of San Mateo declared a Local HealthEmergency pursuant to Health and Safety Code Section 101080 due to the potentialintroduction ofCOVID-19 in San Mateo County; andWHEREAS, on March 11, 2020, the World Health Organization made theassessment that COVID-19 can be characterized as a pandemic; andWHEREAS, on March 11, 2020, the Governor of the State of Californiaannounced that California public health officials have determined that gatherings of morethan 250 people should be postponed or canceled across the state until at least the end ofMarch; andWHEREAS, the United States Centers for Disease Control and Prevention (CDC)has determined that the virus presents a serious public health threat, requiring coordinationamong state and local health departments to ensure readiness for potential health threatsassociated with the virus. On March 11, 2020, the CDC issued recommendations for 30-day mitigation strategies based on the current situation with COVID-19 transmission andaffected health care facilities including the recommendation to cancel large gatherings e.g.,greater than 250 people or move to smaller groupings; andWHEREAS, on March 12, 2020, the San Mateo County Public Health Officerissued an order pursuant to California Health and Safety Code Sections 101040, 101085,and 120175, prohibiting mass gatherings in the County until 11:59 P.M. on April 3, 2020;andWHEREAS, on March 13, 2020, the President of the United States declared aNational Emergency in response to the spread ofCOVID-19; andWHEREAS, on March 16, 2020, due to the 41 cases ofCOVID-19 in the Countyof San Mateo, and 258 cases in Bay Area counties, the Health Officer of the County of SanMateo issued a shelter in place order, effective 12:01 A.M. on March 17, 2020 until 11:59P.M. on April 7, 2020, requiring the maximum number of people to self-isolate in theirplaces of residence to the maximum extent feasible to reduce the occurrence of COVID-19; andWHEREAS, as of March 18, 2020, there were more than 203,700 confirmed casesofCOVID-19 in at least 145 countries worldwide, tragically resulting in more than 8,218deaths worldwide; andWHEREAS, as of March 18, 2020, there were over 7,048 confirmed cases ofCOVID-19 in the United States, including over 700 in California, and officials expect thenumber of cases in California, the United States, and worldwide to increase; and16397534.2
WHEREAS, the efforts required to prepare for, respond to, mitigate, and recoverfrom the increasing spread of COVID-19 have imposed, and will continue to impose,extraordinary requirements and expenses on the City, requiring diversion of resources fromday-to-day operations; andWHEREAS, Millbrae Municipal Code section 2.25.060(A)(6) provides that, in theevent of the proclamation of a "local emergency," or the proclamation of a "state ofemergency" by the Governor or the Director of the State Office of Emergency Services,the Director of Emergency Services may do each of the following:a. Make and issue rules and regulations on matters reasonably related to theprotection of life and property as affected by such emergency; provided, however, suchrules and regulations must be confirmed at the earliest practicable time by the city council,b. Obtain vital supplies, equipment, and such other properties found lacking andneeded for the protection of life and property and to bind the city for fair value thereof and,if required immediately, to commandeer the same for public use,c. Require emergency services of any city officer or employee and, in the eventof the proclamation of a "state of emergency" in the county in which this city is located orthe existence of a "state of war emergency," to command the aid of as many citizens of thiscommunity as he deems necessary in the execution of his duties; such persons shall beentitled to all privileges, benefits, and immunities as are provided by state law for registereddisaster service workers,andd. Requisition necessary personnel or material of any city department or agency,e. Execute all of his ordinary power as City Manager, all of the special powersconferred upon him by this chapter or by resolution or by emergency plan pursuant heretoadopted by the city council, all powers conferred upon him by any statute, by anyagreement approved by the city council, and by any other lawful authority.NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED BYTHE CITY COUNCIL OF THE CITY OF MILLBRAE THAT:1. Aforementioned recitals are true and correct, and constitute an "emergency"and a "local emergency" in the City of Millbrae, as defined by Millbrae Municipal CodeSection 2.25.020 and California Government Section 8558, respectively, the commencingon or about the time and date of the signature of the Mayor below.2. During the existence of this local emergency, the powers, functions andduties of the emergency organization of this City shall be those prescribed by state law, byordinances and resolutions of this City, and by the City's Emergency Operations Plan.3. The Director of Emergency Services is hereby authorized to execute for andon behalf of the City any agreement or application for, and to file the agreement with, the16397534.2
California Governor's Office of Emergency Services for the purposes of obtaining state orfederal financial assistance.4. The local emergency shall be deemedtermination is proclaimed by the City Council.to continue to exist until itsIT IS REQUESTED that the Governor of the State of California include the Cityin any emergency declaration by the State; ensure the City is included in any emergencydeclaration that may be issued by the President of the United States of America; waiveregulations that may hinder response and recovery efforts; and make available CaliforniaDisaster Act and State Private Nonprofit Organizations Assistance Program Funding.REGULARLY PASSED AND ADOPTED this 19th day of March 2020.MayorATTEST:City Clerk16397534.2
EXECUTIVE DEPARTMENTSTATE OF CALIFORNIAATTACHMENT 2EXECUTIVE ORDER N-25-20WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist inCalifornia as a result of the threat of COVID-19; andWHEREAS despite sustained efforts, the virus remains a threat, and furtherefforts to control the spread of the virus to reduce and minimize the risk ofinfection are needed; andWHEREAS state and local public health officials may, as they deemnecessary in the interest of public health, issue guidance iimiting orrecommending limitations upon attendance at public assemblies, conferences,or other moss events, which could cause the cancellation of such gatheringsthrough no fault or responsibility of the parties involved, thereby constituting aforce majeure; andWHEREAS the Department of Public Health is maintaining up-to-dateguidance relating to COVID-19, available to the public athttB^/cc!£h.,CQ,ciQy/coy[di?; andWHEREAS the State of California and local governments, in collaborationwith the Federal government, continue sustained efforts to minimize the spreadand mitigate the effects of COVID-19; andWHEREAS there is a need to secure numerous facilities to accommodatequarantine, isolation, or medical treatment of individuals testing positive for orexposed to COVID-19; andWHEREAS, many individuals who have developmental disabilities andreceive seivices through regional centers funded by the De:;partment ofDevelopmental Services also have chronic medical conditions that make themmore susceptible to serious symptoms of COVID-19, and it is critical that theycontinue to receive their services while also protecting their own health and thegeneral public health; andWHEREAS individuals exposed to COVID-19 may be temporarily unable toreport to work due to iliness caused by COVID-19 or quarantines related toCOViD-19 and individuals directly affected by COVID-19 may experiencepotential loss of income, health care and medical coverage, and ability to payfor housing and basic needs, thereby placing increased demands on alreadystrained regional and local health and safety resources such as shelters andfood banks; andWHEREAS in the interest of public health and safety, it is necessary toexercise my authority under the Emergency Services Act, specificallyGovernment Code section 8572, to ensure adequate facilities exist to addressthe impacts of COVID-19; and
WHEREAS under the provisions of Government Code section 8571,1 findthat strict compiiance with various statutes and regulations specified in this orderwould prevent, hinder, or delay appropriate actions to prevent and mitigate theeffects of the COViD-19 pandemic.NOW, THEREFORE. 1, GAVIN NEWSOM, Governor of the State of California,in accordance with the authority vested in me by the State Constitution andstatutes of the State of California, and in particular. Government Code sections8567, 8571 and 8572, do hereby issue the foliowing order to become effectiveimmediately:IT IS HEREBY ORDERED THAT:1. Ail residents are to heed any orders and guidance of stale and localpublic health officials, including but not limited to the imposition ofsocial distancing measures, to control the spread of COVID-19.2. For the period thai began January 24, 2020 through the duration of thisemergency, the Employment Development Department shall have fhediscretion to waive the one-week waiting period in UnemploymentInsurance Code section 2627(b)(1) for disability insurance applicantswho are unemployed and disabled as a result of the COVID-19, andwho are otherwise eligible for disability insurance benefits.3. For the period that began January 24, 2020 through the duration of thisemergency, the Employment Development Department shall have thediscretion to waive the one-week waiting period in UnemploymentInsurance Code section 1253(d) for unemployment insuranceapplicants who are unemployed as a result of the COVID-19, and whoare otherwise eligible for unemployment insurance benefits..4. Notwithstanding Health and Safety Code section 1797.172fb), duringthe course of this emergency, the Director of the Emergency MedicalServices Authority shall have the authority to implement additions tolocal optional scopes of practice without first consulting with acommittee of local EMS medical directors named by the EMS MedicalDirectors Association of California.5. In order.to quickly provide relief from interest and penalties, theprovisions of the Revenue and Taxation Code that apply to the faxesand fees administered by 'the Department of Tax and FeeAdministration, requiring -the filing of a statement under penalty ofperjury setting forth the facts for a claim for relief, are suspended for aperiod of 60 days after the date of this Order for any individuals orbusinesses who are unable to file a timely fax return or make a timelypayment as a result of complying with a state or local public healthofficial's imposition or recommendation of social distancing measuresrelated to COVID-19.6. The Franchise Tax Board, the Board of Equalization, the Department ofTax and Fee Administration, and the Office of Tax Appeals shall usetheir administrative powers where appropriate to provide -thoseindividuals and businesses impacted by complying with a state or localpublic health official's imposition or recommendation of social•»®-"
distancing measures related to COVID-19 with the extensions for filing,payment, audits, billing, notices, assessments, claims for refund, andrelief from subsequent penalties and interest.7. The Governor's Office of Emergency Services shall ensure adequatestate staffing during this emergency. Consistent with applicable federallaw, work hour limitations for retired annuitants, permanent andintermittent personnel, and state management and senior supervisors,are suspended. Furthermore, reinstatement and work hour limitations inGovernment Code sections 21220, 21224(a), and 7522.56(b], (d), (f),and (gj, and the time limitations in Government Code section 19888.1and California Code of Regulations, title 2, sections 300-303 aresuspended. The Director of the California Department of HumanResources must be notified of any individual employed pursuant tothese waivers.8. The California Health and Human Services Agency and the Office ofEmergency Services shall identify, and shall otherwise be prepared tomake available—including through the execution of any necessarycontracts or other agreements and, if necessary, through the exerciseof the State's power to commandeer property - hotels and other •places of temporary residence, medical facilities, and other facilitiesthat are suitable for use as places of temporary residence or medicalfacilities as necessary for quarantining, isolating, or treating individualswho test positive for COVID-19 or who have had a high-risk exposureand are thought to be in the incubation period.9. The certification and licensure requirements of California Code ofRegulations, Title 17, section i 079 and Business and Professions Codesection 1206.5 are suspended as to all persons who meet therequirements under the Clinical Laboratory improvement Amendmentsof section 353 of the Public Health Service Act for high complexitytesting and who are performing analysis of samples to test for SARS-CoV-2, the virus that causes COVID-19, in any certified public healthiaborato'y or licensed clinical laboratory.10.To ensure that individuals with developmental disabilities continue toreceive the services and supports mandated by their individualprogram plans threatened by disruptions caused by COVID-19, theDirector of the Department of Developmental Services may issuedirectives waiving any provision or requirement of the LantermanDeveioprnenta! Disabilities Services Act, the California EarlyIntervention Services Act, and the accompanying regulations of Title17, Division 2 of the California Code of Regulations. A directive maydelegate to the regional centers any authority granted to theDepartment by law where the Director believes such delegation isnecessary to ensure services to individuals with developmentaldisabilities. The Director shall describe the need justifying the waivergranted in each directive and articulate how the waiver is necessaryto protect the public health or safety from the threat of COVID-19 ornecessaiy to ensure that services to individuals with developmentaldisabilities are not disrupted. Any waiver granted by a directive shallexpire 30 days from the dale of its issuance. The Director may grantone or more 30-day extensions if the waiver continues to be necessary<S-o"
to protect health or safety or to ensure delivery of services. TheDirector shail rescind a waiver once it is no longer necessary to protectpublic health or safety or ensure delivery of services. Any waivers andextensions granted pursuant to this paragraph shall be posted on theDepartment's website.11. Notwithstanding any other provision of state or local law, including theBagley-Keene Act or the Brown Act, a local legislative body or statebody is authorized to hold public meetings via teleconferencing and tomake public meetings accessible teiephonicaily or otherwiseelectronically to all members of the pubiic seeking to attend and toaddress the local legislative body or state body, during the period inwhich state or local public officials impose or recommend measures topromote social distancing, including but not limited to limitations onpublic events. All requirements in both the Bagley-Keene Act and theBrown Act expressly or impliedly requiring the physical presence ofmembers, the clerk or other personnel of the body, or of the public asa condition of participation in or quorum for a public meeting arehereby waived.In particular, any othenwise-applicable requirements that(i) state and local bodies notice each teleconference locationfrom which a member will be participating in a publicmeeting;jii) each teleconference location be accessible to the public;(iii) member's of the public may address the body at eachteleconference conference location;(iv) state and local bodies post agendas at all teieconferencelocations;(v) at least one member of the state body be physically presentat the location specified in the notice of the meeting; and(vi) during teleconference meetings, a least a quorum of themembers of the local body participate from locations withinthe boundaries of the territory over which the local bodyexercises jurisdictionare hereby suspended, on the conditions that:(i) each state or local body must give advance notice of eachpublic meeting, according to the timeframe otherwiseprescribed by the Bagley-Keene Act or the Brown Act, andusing the means other^'ise prescribed by the Bagley-KeeneAct or the Brown Act, as applicable; andjii) consistenl with the notice requirement in paragraph (I), eachstale or local body must notice at least one publiclyaccessible location from which members of the public shallhave the right to observe and offer public comment at thepublic meeting, consistent with the public's rights of accessand public comment otherwise provided for by the Bagley-Keene Act and the Brown Act, as applicable (including, butnot limited to, the requirement that such rights of access andpublic comment be made available in a manner consistentwith the Americans with Disabilities Act).t'^^^'
In addition to the mandatory conditions set forth above, all state andlocal bodies are urged to use sound discretion and to makereasonable efforts to adhere as closeiy as reasonably possible to theprovisions of the Bagley-Keene Act and the Brown Act, and otherapplicable local laws regulating the conduct of public meetings, inorder to maximize transparency and provide the public access to theirmeetings.IT IS FURTHER ORDERED that as soon as hereafter possible, this Order befiled in the Office of the Secretary of State and that widespread publicity andnotice 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 ofCalifornia, its agencies, departments, entities, officers, employees, or any otherperson.IN WITNESS WHEREOF I havehereunto set my hand and causedthe Great Seal of the State ofCalifornia to be affixed this 12th dayof Masich 2020.G^N NEWS(ii-nor of CaliforniaAHEST:ALEX PADILLASecretary or State"SS--
EXECUTIVE DEPARTMENTSTATE OF CALIFORNIAATTACHMENT 3EXECUTIVE ORDER N-29-20WHEREAS on March 4, 2020, ! proclaimed a State of Emergency to exist inCalifornia as a result of the threat of COVID-19; andWHEREAS despite sustained efforts, the virus continues to spread and isimpacting nearly ail sectors of California; andWHEREAS the threat of COVID-19 has resulted in serious ancf ongoingeconomic harms, in particular to some of the most vulnerable Californians; andWHEREAS time bound eligibility redeterminations are required for Medi-Cal, CalFresh. CalWORKs, Cash Assistance Program for Immigranls, CaliforniaFood Assistance Program, and In Home Supportive Services beneficiaries tocontinue their benefits, in accordance with processes established by theDepartment of Social Services, the Department of Health Care Services, and theFederal Governrrsent; andWHEREAS social distancing recommendations or Orders as well as astatewide imperative for critical employees to focus on health needs mayprevent Medi-Cal, CaiFresh, CaiWORKs, Cash Assistance Program forimmigrants, California Food Assistance Program, and In Home SupportiveServices beneficiaries from obtaining in-person eligibility redeterminations; andWHEREAS under the provisions of Government Code section 8571, I findthat strict compliance with various statutes and regulations specified in this orderwould prevent, hinder, or delay appropriate actions to prevent and mitigate theeffects of the COVlD-19 pandemic.NOW, THEREFORE, 1, GAVIN NEWSOM, Governor of the State of California,in accordance with the authority vested in me by the State Constitution andstatutes of the State of California, and in particular. Government Code sections8567 and 8571, do hereby issue the following order to become effectiveimmediately;IT IS HEREBY ORDERED THAT:1. As to individuals currently eligible for benefits under Medi-Cal, CalFre.sh,CalWORKs, the Cash Assistance Program for Immigrants, the CaiiforniaFood Assistance Program, or (n Home Supportive Services benefits, andto the extent necessary to allow such individuals to maintain eligibilityfor such benefits, any state law, including but not limited to CaliforniaCode of Regulations, Title 22, section 50189(a) and Welfare andInstitutions Code sections 18940 and 11265, that would requireredetermination of such benefits is suspended for a period of 90 daysfrom the date of this Order. This Order shall be construed to beconsistent with applicable federal laws, including but not limited toCode of Federal ReguSations, Title 42. section 435.912, subdivision {e],as interpreted by the Centers for Medicare and Medicaid Services [inguidance issued on January 30, 2018) to permit the extension of•**3!*-1
othepfvise-appiicable Medicaid time limits in emergency situations.2. Through June 17, 2020, any month or partial month in which CaliforniaWork Opportunity and Responsibility to Kids (CalWORKs) aid or servicesare received pursuant to Welfare and Institutions Code Section 11200et seq. shall not be counted for purposes of the 48-month time limit setforth in Welfare an institutions Code Section 11454. Any waiver of thistime limit shall not be applied if it will exceed the federal time limits setforth in Code of Federal Regulations, Title 45, section 264.1.3. Paragraph 13 of Executive Order N-25-20 jMarch 12, 2020} is withdrawnand superseded by the following text:Notwithstanding any other provision of siaie or local law (including, butnot limited to. the Bagley-Keene Act or the Brown Act), and subject tothe notice and accessibility requirements set forth below, a locallegislative body or state body is authorized to hold public meetings viateleconferencing and to make public meetings accessibletelephonically or otherwise electronically to ail members of the publicseeking to observe and to address the local legfslative body or statebody. All requirements in both the Bagiey-Keene Act and the BrownAct expressly or impiiedly requiring the physical presence of members.the clerk or other personnel of the body. or of the pubiic as a conditionof participation in or quorum for a public meeting are hereby waived.In particular, any othewise-applicabie requirements that(i) state and local bodies notice each teieconierence iocationfrom which a member wil! be participating in a publicmeeting;(ii) each teleconference location be accessible to the pubfic;(iiij members of the public may address the body at eachteleconference conference location;(fv) state and local bodies post agendas at ail teleconferencelocafions;(v) at least one member of the state body be physicaily presentat the location specified in the notice of the meeting; and(vij during teleconference meetings, a least a quorum of themembers of the local body participate from locations withinthe boundaries of the territory over which the local bodyexercises jurisdictionare hereby suspended.A local legisiative body or state body that holds a meeting viateleconferencing and allows members of th® public fo observe andaddress the mesting feiephonicoily or otherwise etecfronicalfy,consistent with the notice and accessibility requirements set forthbelow, shall have satisfied any requirement that the body aliow'-Kr—'
members of the public to attend the meeting and offer publiccomment. Such a body need not make available any physicallocation from which members of the public may observe the meetingand offer public comment.Accessibility Requirements; If a local legislative body or state bodyholds a meeting via teleconferencing and allows members of thepublic to observe and address the meeting telephonically or otherwiseetectronically, the body shall also:(ij implement a procedure for receiving and swiftly resolvingrequests for reasonable modification or accommodationfrom individuals with disabilities, consistent wifh the Americanswith Disabilities Act and resolving any doubt whatsoever infavor of accessibilit/; and(ii) Advertise that procedure each time notice is given of themeans by which members of the public may observe themeeting and offer public comment, pursuant tosubparagraph (ii) of the Notice Requirements below.Notice Requirements: Excepi to the extent this Order expressly providesotherwise, each focal legislative body and state body shall:(i] Give advance notice of the time of, and post the agendafor, each public meeting according to the timeframesotherwise prescribed by the Bagiey-Keene Act or the BrownAct, and using the means otherwise prescribed by theBagley-Keene Act or the Brown Act, as appiicable; and(iij In each instance En which notice of the time of the meeting isotherwise given or the agenda for the meeting is otherwiseposted, also give notice of the means by which members offhe public may observe the meeting and offer publiccomment. As to any instance in which there is a change insuch means of public observation and comment, or anyinstance prior to the issuance of this Order in which the timeof the meeting has been noticed or the agenda for themeeting has been posted without also including notice ofsuch means, a body may satisfy this requirement byadvertising such means using "the most rapid means ofcommunication avaifabie at the time" within the meaning ofGovernment Code. section 54954, subdivision {ej; this shaliinclude, but need not be limited to, posting such means onthe body's Internet webslte.All of the foregoing provisions concerning the conduct of publicmeetings shall apply only during the period in which state or localpublic health officials have imposed or recommended socialdistancing measures..^s--
All state and iocal bodies are urged to use sound discretion andto make reasonable efforts to adhere as closely as reasonably possibleto the provisions of the Bagiey-Keene Act and the Brown Act, andother applicable local laws regulating the conduct of publicmeetings, En order fo maximize transparency and provide the publicaccess to their meetings.IT IS FURTHER ORDERED that as soon as hereafter possible, this Order befiled in the Office of the Secretary of State and that widespread publicity andnotice 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 ofCalifornia, its agencies, deportments, entities, officers, employees, or any otherperson.IN WITNESS WHEREOF I havehereunto set my hand and causedthe Great Seal of the State ofCalifornia to be affixed this 17th dayof MarcB 2020.AV5EWSOM'Go^r^or of CaliforniaAHEST:ALEX PADILLASecretary of State»®h.«