B0785-0001\2735210v3.doc
AGENDA REPORT
Meeting Date: December 6, 2022
Item Number:
To: Honorable Chairperson and Board Members
From: Laurence S. Wiener, City Attorney
Subject: RESOLUTION OF THE BOARD OF THE PARKING AUTHORITY 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. Resolution
RECOMMENDATION
It is recommended that the Parking Authority Board adopt a resolution making the following findings so that meetings of the Parking Authority will continue to be subject to the special Brown Act requirements for teleconference meetings: (1) the Parking Authority has reconsidered the circumstances of the COVID-19 state of emergency; (2) 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.
INTRODUCTION
AB 361 allows the Parking Authority Board to continue virtual meetings during the COVID-19 declared emergency subject to certain conditions. These special requirements give the Parking Authority 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.
D-1
Meeting Date: December 6, 2022
B0785-0001\2735210v3.doc
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.
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 Parking Authority Board need to make two findings pursuant to Government Code Section 54953(e)(3). First, there must be a declared state of emergency and the Parking Authority Board must find that it has reconsidered the circumstances of such emergency. Second, the Parking Authority Board must find that such emergency continues to directly impact the ability of the Parking Authority to meet in person.
Alternatively, for the second finding, the Parking Authority Board 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 Parking Authority Board 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 Parking Authority continues to recommend steps to reduce crowding indoors and to support physical distancing at Parking Authority meetings to protect the health and safety of meeting attendees.
Meeting Date: December 6, 2022
B0785-0001\2735210v3.doc
FISCAL IMPACT
The proposed resolution allowing the Parking Authority greater flexibility to conduct teleconference meetings is unlikely to cause a greater fiscal impact to the City.
Laurence S. Wiener
City Attorney
Approved By