EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: December 6, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Valerie J. Armento, Interim City Attorney
BY: Valerie J. Armento, Interim City Attorney
SUBJECT: AB 361 Authority for Virtual Meetings
Recommendation
Adopt a resolution making the AB 361 findings necessary to continue virtual public meetings for the City Council and City Advisory Bodies for the month of December 2022.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority No. 3: Increase Organizational Effectiveness and Efficiency Priority No. 6: Create a Healthy and Safe Community
Background
The California Brown Act has long-established requirements for local agencies to use teleconferencing to conduct meetings. It provides that if the local agency elects to use teleconferencing to conduct a public meeting, then it must identify each teleconference location in the public notice and agenda, and post agendas at all teleconference locations. All teleconference locations must be publicly accessible and there must be an opportunity for public comment at each teleconference location. Additionally, a quorum of the members of the legislative body must participate from locations physically within the jurisdictional boundaries of the agency.
In March 2020, Governor Newsom issued Executive Order N-29-20 authorizing exemptions to these Brown Act teleconferencing requirements. These requirements were suspended during the COVID-19 pandemic to promote social distancing and to facilitate remote work and meetings. Executive Order N-08-21 extended the previous order until September 30, 2021.
On September 16, 2021, the Governor signed AB 361 into law to allow the continued use of virtual public meetings during a declared state of emergency when certain conditions are met.
AB 361 took effect immediately as an urgency statute and is still in effect.
Analysis
AB 361 exempts local agencies from complying with the following teleconferencing requirements of the Brown Act:
· Ensuring that each teleconference location is physically accessible to the public; · Maintaining quorum with members physically within the jurisdiction; and · Providing an opportunity for public comment at each teleconference location.
The AB 361 exemptions only apply during a declared state of emergency - as defined under the California Emergency Services Act - and one of the following circumstances must apply:
1. State or local officials have imposed or recommended measures to promote social distancing.
2. The legislative body is meeting to determine whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
3. The legislative body has determined that, as a result of the emergency, meeting in person presents imminent risks to the health or safety of attendees.
Under AB 361, when a local agency elects to hold a virtual meeting because the applicable criteria are met, an alternate set of requirements apply:
· No Action During Disruptions - Where there is a disruption in the public broadcast of the call-in or internet-based meeting service, the local agency must cease and take no further action on agenda items until public access is restored. · Public Comment Rights - A local agency is prohibited from requiring public comments to be submitted in advance of the meeting and cannot close the comment period or opportunity to register online until the timed public comment period has elapsed.
Lastly, at least every 30 days during the proclaimed state of emergency, the local agency acting under the teleconference exemptions must make findings about whether the circumstances explained above still apply. Therefore, to continue holding virtual meetings, the City Council must find that it reconsidered the circumstances of the state of emergency and that one of the following circumstances exist: “(I) the emergency continues to directly impact the ability of members to safely meet in person,” or “(ii) state or local officials continue to impose or recommend measures to propose social distancing.” Today’s action would allow the City Council and City advisory bodies to continue meeting virtually during the month of December 2022.
Fiscal Impact
None
Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo County Library located at 2415 University Avenue, East Palo Alto.
Attachments
A. Resolution