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City of San Leandro <br />Meeting Date: March 15, 2021 <br />Staff Report <br />Agenda Section:File Number:21-161 ACTION ITEMS <br />Agenda Number:10.B. <br />TO:City Council <br />FROM:Fran Robustelli <br />Interim City Manager <br />BY:Fran Robustelli <br />Interim City Manager <br />FINANCE REVIEW:Not Applicable <br />TITLE:Staff Report for a Minute Order to Approve a City Council Action under California <br />Government Code Section 54960.2 <br />SUMMARY AND RECOMMENDATIONS <br />Staff recommends that the City Council approve an unconditional commitment not to repeat an <br />alleged past action in violation of the Brown Act in accordance with California Government Code <br />Section 54960.2(c)(1). <br />BACKGROUND AND ANALYSIS <br />In response to the COVID-19 global pandemic and the following emergency declaration enacted <br />by the Governor of California, the Governor issued Executive Order N-29-20 on March 17, 2020, <br />which suspended portions of the Brown Act. This Executive Order allows attendance at public <br />meetings by members of the City Council by teleconference, videoconference, or both. The <br />Executive Order requires the City to provide an opportunity for members of the public to “observe <br />and address the meeting telephonically or otherwise electronically,” and “such a body [as the City <br />Council] need not make available any physical location from which members of the public may <br />observe the meeting and offer public comment.” The Executive Order also provides that cities <br />may establish alternative methods for receiving public comment and entering it into the record. <br />Pursuant to this Executive Order, the City Council established an alternative method for receiving <br />public comment, by allowing public commenters to submit public comment via email up until 3:00 <br />p.m. on the day of the City Council meeting. The City Council went further than what is required by <br />the Brown Act and Governor Newsom’s Executive Order N-29-20 by allowing commenters to <br />specify whether they would like their comment read aloud into the record. As the alternative <br />method was implemented, in an effort to accommodate the public, the City allowed written public <br />comments received via email to be made part of the written record of the meeting, including <br />comments received after the 3:00 p.m. deadline. Going further, in some instances written public <br />comments that commenters requested be read aloud into the record that were received after the <br />Page 1 City of San Leandro Printed on 3/10/2021 <br />99