Consent Item 4d
STAFF REPORT
City Council Consent Item
DATE: September 6, 2022
TO: Honorable Mayor and Council Members
FROM: Ryan Plotz, City Attorney
THROUGH: Merritt Perry, City Manager
SUBJECT: Authorize the City Manager to Continue Teleconferenced Public Meetings for City Council and all City Committees, Commissions and Boards Pursuant to Assembly Bill 361, Resolution 2022-25
STAFF RECOMMENDATION:
Staff recommends that the City Council consider adopting a resolution which, if adopted, would provide the Council and Staff flexibility to utilize virtual public meetings under Assembly Bill 361 (“AB 361”) when necessary.
EXECUTIVE SUMMARY:
Signed into law in September 2021, AB 361 amended the Brown Act to allow legislative bodies to meet via teleconference (or other virtual means) during a proclaimed state of emergency in accordance with relaxed teleconference procedures, rather than under the Brown Act’s more onerous teleconference rules.
Under AB 361, the City may utilize the less onerous teleconferencing provisions when a public meeting is held during a state of emergency proclaimed by the Governor and the Council finds that (i) State or local health officials have imposed or recommended measures to promote social distancing, or (ii) the legislative body finds that meeting in person would present imminent risks to the health or safety of attendees.
As set forth in the proposed resolution, circumstances continue to exist that allow the City Council to utilize the less onerous teleconferencing provisions under AB 361. In particular, the state of emergency initially proclaimed by the Governor has not been rescinded and remain in place and the California Department of Public Health continues to recommend measures to promote social distancing.
Although the City Council has returned to in-person meetings, Staff anticipates the need to utilize virtual meetings, from time-to-time, based on changed circumstances. Accordingly, Staff recommends that the Council continue to make the required findings under AB 361 for so long as those findings can be made and to authorize the City Manager to utilize virtual meetings under AB 361 when necessary or desirable according to law. For this reason, Staff will include an agenda item on the consent calendar at least once per month for the Council to consider re-affirming the Consent Item 4d
findings in the proposed resolution to provide Staff and Council flexibility in conducting public meetings.
FISCAL IMPACT:
There is no current fiscal impact associated with approving the findings in Resolution 2022-25.
RECOMMENDED COUNCIL ACTION:
Adopt Resolution 2022-25. Consent Agenda vote.
ATTACHMENTS:
Resolution 2022-25; A Resolution of the City Council of the City of Fortuna Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, and Authorizing the Continued Use of Virtual Meetings.