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STAFF REPORT
Meeting Date: May 17, 2022
To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY
HILLS CONTINUING TO AUTHORIZE PUBLIC MEETINGS TO BE
HELD VIA TELECONFERENCING PURSUANT TO GOVERNMENT
CODE SECTION 54953(E) AND MAKING FINDINGS AND
DETERMINATIONS REGARDING THE SAME
Attachments: 1. Proposed Resolution
INTRODUCTION
Assembly Bill (“AB”) 361 allows the City Council to continue virtual meetings during the COVID-19 declared emergency subject to certain conditions. These special requirements give the City greater flexibility to conduct teleconference meetings when there is a declared state of emergency and either social distancing is mandated or recommended, or an in-person meeting would present imminent risks to the health and safety of attendees.
BACKGROUND
On September 16, 2021, the Governor signed AB 361, amending the Brown Act to establish special requirements for teleconference meetings if a legislative body of a local public agency holds a meeting during a proclaimed state of emergency and either state or local officials have imposed or recommended measures to promote social distancing, or the body determines, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
Meeting Date: May 17, 2022
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AB 361 authorizes local agencies to continue meeting remotely without following the Brown Act’s standard teleconferencing provisions if the meeting is held during a state of emergency proclaimed by the Governor and either of the following applies: (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the agency has already determined or is determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
DISCUSSION
To continue to hold meetings under these special teleconferencing requirements, the City Council needs to make two findings pursuant to Government Code Section 54953(e)(3). First, there must be a declared state of emergency and the City Council must find that it has reconsidered the circumstances of such emergency. Second, the City Council must find that such emergency continues to directly impact the ability of the City Council’s members to meet in person. Alternatively, for the second finding, the City Council must find that state or local officials continue to impose or recommend social distancing measures. These findings must be made within 30 days after the City Council teleconferences for the first time under AB 361 and every 30 days thereafter.
The declared emergency is still in effect. Furthermore, the State of California and the County of Los Angeles have recommended measures to promote social distancing. The Centers for Disease Control and Prevention continue to advise that COVID-19 spreads more easily indoors than outdoors and that people are more likely to be exposed to COVID-19 when they are closer than 6 feet apart from others for longer periods of time.
Additionally, the Los Angeles County Department of Public Health still encourages people at risk for severe illness of death from COVID-19 to take protective measures such as social distancing and, for those not yet fully vaccinated, to physically distance from others whose vaccination status is unknown. The County Health Department also continues to recommend that employers take steps to support physical distancing and the City Council continues to recommend steps to reduce crowding indoors and to support physical distancing at City meetings to protect the health and safety of meeting attendees.
Please note that AB 361 applies to all legislative bodies. Therefore, Commissions and standing committees will need to also comply with the requirements of AB 361.
FISCAL IMPACT
The proposed resolution allowing the City Council greater flexibility to conduct teleconference meetings is unlikely to cause a greater fiscal impact to the City as the City Council has been conducting such teleconference meetings for over a year.
RECOMMENDATION
Staff and the City Attorney’s office recommend that the City Council adopt a resolution making the following findings so that meetings of the City Council will continue to be subject to the special Brown Act requirements for teleconference meetings: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; (2) Meeting Date: May 17, 2022
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the state of emergency continues to directly impact the ability of the members to meet safely in person; and (3) state or local officials continue to impose or recommend measures to promote social distancing.
Laurence S. Wiener
City Attorney
Approved By
Attachment 1
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RESOLUTION NO. _________________
RESOLUTION OF THE COUNCIL OF THE CITY OF
BEVERLY HILLS CONTINUING TO AUTHORIZE PUBLIC
MEETINGS TO BE HELD VIA TELECONFERENCING
PURSUANT TO GOVERNMENT CODE SECTION 54953(e)
AND MAKING FINDINGS AND DETERMINATIONS
REGARDING THE SAME
WHEREAS, the City Council is committed to public access and participation in its meetings while balancing the need to conduct public meetings in a manner that reduces the likelihood of exposure to COVID-19 and to support physical distancing during the COVID-19 pandemic; and
WHEREAS, all meetings of the City Council are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code Sections 54950 – 54963), so that any member of the public may attend, participate, and watch the City Council conduct its business; and WHEREAS, pursuant to Assembly Bill 361, signed by Governor Newsom and effective on September 16, 2021, legislative bodies of local agencies may hold public meetings via teleconferencing pursuant to Government Code Section 54953(e), without complying with the requirements of Government Code Section 54953(b)(3), if the legislative body complies with certain enumerated requirements in any of the following circumstances:
1. 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.
2. 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.
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3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency in response to the COVID-19 pandemic (the “Emergency”); and WHEREAS, the Centers for Disease Control and Prevention continue to advise that COVID-19 spreads more easily indoors than outdoors and that people are more likely to be exposed to COVID-19 when they are closer than 6 feet apart from others for longer periods of time; and
WHEREAS, the Los Angeles County “Responding together at Work and in the Community Order (8.23.21)” provides that all individuals and businesses are strongly encouraged to follow the Los Angeles County Public Health Department Best Practices. The Los Angeles County Public Health Department “Best Practices to Prevent COVID-19 Guidance for Businesses and Employers”, updated on September 13, 2021, recommend that employers take steps to reduce crowding indoors and to support physical distancing between employees and customers; and
WHEREAS, the unique characteristics of public governmental buildings is another reason for continuing teleconferenced meetings, including the increased mixing associated with bringing people together from across several communities, the need to enable those who are immunocompromised or unvaccinated to be able to safely continue to fully participate in public meetings and the challenge of achieving compliance with safety requirements and recommendations in such settings; and
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WHEREAS, the Beverly Hills City Council has adopted a resolution that continues to recommend steps to reduce crowding indoors and to support physical distancing at City meetings to protect the health and safety of meeting attendees; and WHEREAS, due to the ongoing COVID-19 pandemic and the need to promote social distancing to reduce the likelihood of exposure to COVID-19, the City Council intends to continue holding public meetings via teleconferencing pursuant to Government Code Section 54953(e).
NOW, THEREFORE, the City Council of the City of Beverly Hills resolves as follows:
Section 1. The Recitals provided above are true and correct and are hereby incorporated by reference.
Section 2. The City Council hereby determines that, as a result of the Emergency, meeting in person presents imminent risks to the health or safety of attendees particularly those with underlying health conditions.
Section 3. The City Council shall continue to conduct its meetings pursuant to Government Code Section 54953(e).
Section 4. Staff is hereby authorized and directed to continue to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code Section 54953(e) and other applicable provisions of the Brown Act.
Section 5. The City Council has reconsidered the circumstances of the state of emergency and finds that: (i) the state of emergency continues to directly impact the ability of the members B0785-0001\2663837v1.doc 4
to meet safely in person, particularly those with underlying health conditions, and (ii) state or local officials continue to impose or recommend measures to promote social distancing.
Section 6. The Secretary of the City Council shall certify to the adoption of this Resolution and shall cause this Resolution and her certification to be entered in the Book of Resolution of the City Council of this City.
Adopted: _____________________
LILI BOSSE
Mayor of the of the City of Beverly Hills,
California
ATTEST:
______________________(SEAL)
HUMA AHMED
City Clerk