Agenda #: 7.1
Meeting Date: February 7, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONTINUED USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY
COUNCIL AND OTHER CITY COMMISSIONS AND COMMITTEES
SUBJECT TO STATE OPEN MEETING LAWS.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
Adopt Resolution No. 2023-04, providing for continued use of teleconferencing and other formats as defined and in compliance with Assembly Bill 361 for meetings of the Diamond Bar City Council, City Commissions and Subcommittees.
FINANCIAL IMPACT:
No financial impact.
BACKGROUND:
Due to the continued impact of the COVID-19 pandemic, the California Legislature passed AB 361, which authorizes a local agency to use teleconferencing without complying with certain teleconferencing requirements imposed by the Brown Act when:
(1) the legislative body of a local agency holds a meeting during a declared state of emergency; (2) when state or local health officials have imposed or recommended measures to promote social distancing; and/or (3) when a local agency has determined that meeting in person would present imminent risks to the health or safety of attendees.
The City Council first utilized the provisions of AB 361 on November 16, 2021. To continue to have the ability to use the modified teleconferencing options, AB 361 requires that the City Council re-affirm its findings every 30 days. Conditions under which AB 361 may be utilized continue to exist as described in the attached Resolution (Attachment 1).
ANALYSIS:
While COVID-19 as not gone away, Governor Newsom intends to end the State of Emergency Declaration at the end of February 2023. Should the Governor rescind the COVID-19 Statewide emergency at the end of February, the AB 361 process will no longer be available. Therefore, beginning in March, the original provisions of the Brown Act will again apply for City Council Members and Commissioners should they choose to participate remotely. This includes posting the agenda at the teleconference location and making the teleconference location ADA accessible to the public for comment and meeting participation.
The City is currently going beyond what the Brown Act requires by holding meetings in person and by way of teleconference allowing the public and staff to participate in both forums. These efforts have made it more convenient and increased public participation in City Council and Commission meetings. These options to hold meetings in-person and via teleconference to accommodate greater public participation will continue.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 7.1.a Resolution No. 2023-04 AB361 Cont