1 STAFF REPORT
DATE: March 15, 2022
TO: Justin Hess, City Manager
FROM: Judie Wilke, Assistant City Manager
BY: Viviana Garzon, Administrative Analyst II
SUBJECT: Adoption of Findings to Continue Virtual Meetings for City Council and all Other City Boards, Commissions and Committees During the Pandemic and Update on Plan to Return to In-person Public Meetings
RECOMMENDATION
Adopt the following finding: A s a result of the statewide emergency due to the COVID Pandemic (Pandemic), holding any City Council, Board, Commission or Committee meeting in person would present imminent risk to the health or safety of attendees.
BACKGROUND
In an effort to slow the spread of the COVID -19 virus, Governor Newsom issued an Executive Order on March 17, 2020 suspending parts of the Brown Act during the Pandemic. The Governor’s Executive Order expired on September 30, 2021 and in its place the California legislature passed, and the Governor signed, Assembly Bill (AB) 361 amending the Brown Act to allow the continuation of virtual meetings. AB 361 (Act) is an urgency measure allowing the suspension of certain Brown Act requirements so local legislative bodies may hold virtual meetings during an emergency declared by the Governor. The City of Burbank has been meeting the requirements contained in AB 361 since spring of 2020. Pursuant to the Act, the City Council must determine that there is an imminent risk to the health or safety of attendees of an in- person meeting to be able to hold virtual meetings. The Act also requires the Council to review the emergency and the finding of imminent harm every 30 days to continue virtual meetings.
DISCUSSION
Burbank City Council, like numerous other legislative bodies in the state, have been holding virtual Council meetings with telephonic public participation and electronic attendance since spring of 2020.
CITY MANAGER’S
OFFICE
2 Council last adopted these findings on March 1, 2022. Based on the approved 2022 City Council meeting calendar, this report would come back for Council approval on or around April 1, 2022. However, Council is dark on March 29, 2022, thereby Staff recommends Council adopt the findings for the next 30 days to ensure the City meets the requirement of AB 361. A three-phase plan to resume in- person public meetings is presented in the following section. Staff will return to Council on April 12, 2022 with additional updates to the plan, including a staff recommendation for Public Comment when in-person meetings resume.
Plan to Resume In-Person Public Meetings
Since September 28, 2021, Council has adopted findings every 30 days to continue virtual meetings. These findings have been based on three main conditions: there is a declared state of emergency, social distancing is mandated or recommended, or an in- person meeting would present imminent risks to the health and safety of attendees.
After the post- winter surge, the County of Los Angeles has experienced consistent declines in positive COVID -19 cases, positivity rates, and related hospitalizations. On March 3, 2022, Los Angeles County moved into the low -risk category according to the Centers for Disease Control and Prevention Community Level designation. As a result, on March 4, 2022, an updated Los Angeles County Department of Public Health (County) Officer Order went into effect
1. A few changes highlighted in this new order include indoor masking is strongly recommended, but not required, for vaccinated and unvaccinated individuals, except in high- risk settings where federal and state regulations continue to require masking. Beginning March 12, 2022, masks will not be required in K -12 schools or childcare settings. Further, pre- entry verification of vaccination or a negative COVID - 19 test result will not be required for Outdoor Mega Event Operators.
The consistent decline of key metrics in the County of Los Angeles , as well as the new County order, allow the opportunity to begin planning the safe return to in- person public meetings. Staff recommends a three- phase transition to resume in- person City Co uncil meetings as well as Boards, Commissions, and Committee meetings:
City Council Meetings:
Phase 1: April 5 and April 12—Mayor and City Staff in Council Chambers Phase 2: April 18 and April 26—Council and City Staff in Council Chambers Phase 3: May 3—Resume In- person Public Meetings
All other Boards, Commissions, and Committees:
Resume In-person Public Meetings after May 3
1http://publichealth.lacounty.gov/media/Coronavirus/docs/HOO/HOO_SaferReturnW orkCommunity.pdf?utm_con tent=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=
3 Keeping the community safe from COVID -19 continues to be a top priority . The three- phase transition will allow a gradual return to public meetings and the opportunity for both Council and Staff to evaluate each phase. The Pandemic had a deep, frightening impact in our everyday lives and, after two years, we are pleased we can transition to a place where we can meet in person once again.
FISCAL IMPACT
Allowing the continuation of virtual Council meetings, as well as Board, Commission and Committee meetings, for another 30 days will not result in any new or added cost from what the City has been incurring since April 2020.
CONCLUSION
If the Council wishes to continue holding virtual meetings as it has done since spring of 2020, then the Council must find, based on the evidence contained in the staff report, that there is an imminent risk to the health or safety of attendees of in- person meetings due to the Pandemic.
ATTACHMENT
None.