STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 22, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Lori Martin, Administrative Services Director/City Clerk
SUBJECT: Update on Returning to In-Person Hybrid Meetings
RECOMMENDED ACTION:
Receive the report, discuss, and provide direction to staff. Based on the advice provided by Contra Costa Health and a poll of other cities in the County regarding hybrid meetings, staff recommends the continuation of virtual meetings until the end of March, or until further direction is provided by the County. However, staff is ready and prepared to initiate a hybrid meeting if City Council so chooses to return to in-person meetings sooner than suggested.
FISCAL IMPACT OF RECOMMENDATION:
There is no fiscal impact associated with this item.
EXECUTIVE SUMMARY:
Governor Gavin Newson signed Executive Order N-15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior Executive Orders. On September 16, 2021, Governor Newsom signed AB361, which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders.
This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state of local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency.
DISCUSSION:
California’s statewide mask order is due to expire February 15th, therefore effective February 16th fully vaccinated people will no longer need to wear masks in most indoor settings. The counties of Alameda, Contra Costa, Marin, Monterey, Napa, San Francisco, San Mateo, Santa Cruz, San Benito, Solano, Sonoma and the city of Berkeley also will lift universal mask requirements for vaccinated people. However, Contra Costa County Health is still recommending masks and social distancing.
Contra Costa County Health issued the below guidance regarding teleconferencing meetings on February 2, 2022.
“Online meetings (i.e. teleconferencing meetings) are strongly recommended as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID-19. This is particularly important in light of the current community prevalence rate as of February 2, 2022 which places Contra Costa County in the high community transmission tier as designated by the Centers For Disease Control, and our current trends as of February 3, 2022 in Covid-19 test positivity and COVID-19 hospitalizations which are decreasing but still near historical highs, and in light of the local detection of the Omicron variant of COVID-19, the impact of which on the spread of COVID-19 has shown to dramatically increase COVID-19 transmission.”
In addition, masks and social distancing are still recommended:
“A written safety protocol should be developed and followed. It is recommended that the protocol require social distancing – i.e., six feet of separation between attendees – and face masking of all attendees.”
Attached hereto is a list of safety protocols recommended by Contra Costa County Health.
In addition, attached hereto is a listing of responses from Contra Costa Cities on their plans of returning to in-person meetings or remaining virtual and re-evaluating every 30 days.
One other point to note is that when the Governor lifts the Declaration of Emergency within the State of California, agencies will have to comply with the Brown Act as was done prior to the Declaration of Emergency. This makes virtual participation by Council Members more difficult, absent any legislation passing that amends the Brown Act law to integrate this process more easily.
We will still be able to integrate a hybrid meeting for public participation; however, Council Members will be required to follow the Brown Act rules as it relates to teleconferencing in order to participate virtually.
Based on the information provided by Contra Costa Health and based on information provided by other cities in the County, staff recommends continuation of virtual meetings until the end of March, absent of the lifting of the Declaration of Emergency. However, staff is ready and prepared to initiate a hybrid meeting if City Council so chooses to return to in-person meetings sooner than suggested.
ATTACHMENTS:
1. Poll from Contra Costa Cities
2. Recommendations for Safely Holding Public Meetings from Contra Costa Health
3. 12/14/21 Staff Report
4. 9/28/21 Staff Report on AB 361
City Response
Concord
We are taking the item for Council consideration at the March 1 City Council meeting. I’m writing the staff report now giving Council its options.
Brentwood
I think we may be discussing this in our next two meetings. Our issue is we are in the process of an upgrade for our Chambers AV equipment and we will be under construction from March – possibly early May.
Pleasant Hill
Pittsburg Not on our radar yet. I don’t even want to speculate as to when.
San Ramon
Antioch
Martinez
We’ve already passed to continue AB 361 through February, so we’re likely to continue virtual-only through March as our direction generally follows closely what the County recommends.
Pinole
El-Cerrito
Possibly going back to in-person (hybrid) meetings in March as Emergency Declaration may be lifted in March. Waiting a few more weeks to see what happens at the state level.
Clayton
The City of Clayton is aiming for March 15, 2022 as our first hybrid meeting in our Council chambers (allowing the public to attend as well). Our Planning Commission will be our test run on March 8, 2022.
Lafayette No set date yet but probably in April.
San Pablo There have been no discussions yet for opening up the Council meetings to the public.
Oakley We have been in-person since July 2021.
Danville No set date for Danville…Town Manager thinks mid-March, however, April is more likely to begin our hybrid meetings.
Moraga
Walnut Creek
We have been back since summer. We never adopted AB361. Council and staff attend in person and we are open to the public, but we are still offering zoom to allow for remote public comments.
Richmond Richmond is still virtual and there has been no discussion or set date to return to in-person.
Orinda
Contra Costa County Cities - Plans for In-Person Meetings
RECOMMENDATIONS FOR SAFELY HOLDING PUBLIC MEETINGS
Each local government agency is authorized to determine whether to hold public meetings in person, on-line (teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID-19 transmission during a public meeting.
1. Online meetings (i.e. teleconferencing meetings) are strongly recommended as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID-19. This is particularly important in light of the current community prevalence rate as of February 2, 2022 which places Contra Costa County in the high community transmission tier as designated by the Centers For Disease Control, and our current trends as of February 3, 2022 in Covid-19 test positivity and COVID-19 hospitalizations which are decreasing but still near historical highs, and in light of the local detection of the Omicron variant of COVID-19, the impact of which on the spread of COVID-19 has shown to dramatically increase COVID-19 transmission.
2. If a local agency determines to hold in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option is recommended, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person.
3. A written safety protocol should be developed and followed. It is recommended that the protocol require social distancing – i.e., six feet of separation between attendees – and face masking of all attendees.
4. Seating arrangements should allow for staff and members of the public to easily maintain at least six-foot distance from one another at all practicable times.
5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events outdoors also may make it easier to space staff and members of the public at least six feet apart.
6. Current evidence is unclear as to the added benefit of temperature checks in addition to symptom checks. We encourage focus on symptom checks as they may screen out individuals with other COVID-19 symptoms besides fever and help reinforce the message to not go out in public if you are not feeling well.
7. Consider a voluntary attendance sheet with names and contact information to assist in contact tracing of any cases linked to a public meeting.
Revised 2-2-2022
Ori Tzvieli, MD
Deputy Health Officer, Contra Costa County