STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 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. Contra Costa County Health Services issued an updated listing of recommendations for safely holding public meetings on March 1, 2022 (attached).
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 expired on 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 March 1, 2022. “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.” 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 March 1, 2022. Our current trends as of March 1, 2022 in Covid-19 case rate, Covid-19 test positivity, and Covid- 19 hospitalizations are decreasing, but case rates remain high with the Omicron variant of Covid-19 being the predominant variant identified, the impact of which on the spread of Covid- 19 has shown to dramatically increase COVID-19 transmission.
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.
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.
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.
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 6 feet apart.
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.
Consider a voluntary attendance sheet with names and contact information to assist in contact tracing of any cases linked to a public meeting.
Should the City Council choose to return to in-person meetings, staff is ready and prepared to initiate hybrid meetings.
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.
ATTACHMENTS:
Contra Costa County Health Services Recommendations for Safely Holding Public Meetings dated March 1 2022. 02/22/22 Staff Report and Attachments
12/14/21 Staff Report
9/28/21 Staff Report on AB 361