BACKGROUND:
Throughout the pandemic, City Council and Commission meetings have been conducted pursuant to the Governor’s Executive Order N-29-20 and N-08-21 suspending certain provisions of the Brown Act and permitting the use of teleconferencing for members of the legislative body and the public. Those Executive Orders expired on September 30, 2021.
In their place the Governor signed AB 361, which went into effect on October 1, 2021.
AB 361 amended the Brown Act to permit members of a legislative body to teleconference into a meeting during a state of emergency proclaimed by the Governor.
Teleconferencing by members of the body under AB 361 can be done without having to comply with the requirement that the agenda list the location where members will be teleconferencing from, posting an agenda at that location, and allowing members of the public to attend the meeting from the teleconference location.
To teleconference under AB 361, the City Council must make findings that either:
a) State or local officials are imposing or recommending measures to promote social distancing, or
b) “As a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.”
Pursuant to AB 361, the City Council must reconsider the circumstances every 30 days and make new findings to support the need to continue to teleconference under AB 361.
On October 13, 2021, the City Council adopted Resolution 2021-30 and on November 10, 2021, the City Council adopted Resolution 2021-33, and on December 8, 2021, the City Council adopted Resolution 2021-37, all of which included a finding that there is an imminent risk to the health and safety of those attending Council and Commission meetings to support teleconferencing under AB 361. In all three Resolutions, the findings were based on the higher case rates and test positivity rates in Riverside County as compared to the statewide average.
DISCUSSION:
Staff has prepared a Resolution for the Council to consider, which includes a finding that there is an imminent risk to the health and safety of those attending Council and Commission meetings based on the higher case rates and test positivity rates in Riverside County as compared to the statewide average, should they wish to continue to teleconference under AB 361.
Meetings held via teleconferencing under AB 361 must comply with certain requirements.
1.Public Must be able to Directly Address The Body in Real Time. The public must have the opportunity to address the Council or Commission directly and in real time. In other words, the City cannot require public comments to be submitted in advance of the meeting or via email or other written medium.
2.Notice Language on Agenda. The agenda must include notice of the means by which members of the public may access the meeting and provide public comment. This must include a call-in or internet-based option. The agency is not required to allow the public to attend in person, but may choose to do so. The agency can use an internet-based service option that requires users to register.
3.Disruption in Phone or Internet Service. If there is a disruption in the meeting broadcast, or a disruption within the agency's control that prevents call-in or internet-based public comment, the meeting must be stopped (recessed or adjourned) until the issue is resolved.
4.Time for Public Comment. A "reasonable time" for each speaker to make a public comment before the body moves on to the next item on the agenda. The period to register to speak on an item must be kept open during the public comments period for each item.
FISCAL IMPACT:
As the City is already utilizing teleconferencing for its Council and Commission meetings, no additional cost is anticipated.