1 TO: City Council
FROM: Trevor Rusin, City Attorney, and Ryan Smoot, City Manager MEETING DATE: January 17, 2023
SUBJECT: Authorizing Virtual City Council Meetings as Well as Virtual Meetings for All Other City Commissions and Committees Pursuant to AB 361
RECOMMENDATION
Authorize remote teleconference/virtual meetings of all City of Lomita legislative bodies, including all City commissions and committees, in accordance with Assembly Bill 361 (“AB 361”), by finding that: (1) a statewide state of emergency is currently in place; (2) state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19.
ANALYSIS AND OPTIONS
All meetings of the City’s legislative bodies are subject to the Ralph M. Brown Act (Gov.
Code §§ 54950 et seq.) and must be open and public so that any member of the public may attend and participate in the meetings. Commencing in March of 2020, Governor Newsom issued a series of executive orders aimed at preventing the spread of a respiratory disease that came to be known as the novel coronavirus, “COVID-19.” Among these were Executive Orders (“EO”) N-25-20, N-29-20, and N-35-20 (collectively, the “Brown Act Orders”) that waived the teleconferencing requirements of the Brown Act to allow legislative bodies to meet virtually.
On June 11, 2021, the Governor issued EO N-08-21 which rescinded these Brown Act Orders that had allowed remote meetings to occur, effective September 30, 2021. To replace those orders, on September 16, 2021, Governor Newsom signed AB 361, which became effective October 1, 2021, and amended the Brown Act to allow legislative bodies to meet virtually, without following the Brown Act’s standard teleconferencing rules, provided that the legislative body makes specific findings, which include the following: (1) a statewide state of emergency is currently in place and (2) State or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19 and/or (3) meeting in person would present imminent risks to the health or safety of attendees.
Item No. 7m
CITY OF LOMITA
CITY COUNCIL REPORT
2 To comply with AB 361 the City Council must make these findings at least every 30 days. All three findings under AB 361 can be made given the current circumstances.
The Governor has proclaimed a state of emergency in response to the ongoing COVID-19 pandemic and the state of emergency currently remains in effect. Further, State officials, including the California Department of Public Health, have recommended measures to promote social distancing in connection with COVID-19, which are currently in place. Similarly, local officials, including the County Public Health Officer, have also recommended measures to promote social distancing in connection with COVID-19. In a recommendation dated September 28, 2021, the County Public Health Officer stated that “utilizing teleconferencing options for public meetings is an effective and recommended social distancing measure to facilitate participation in public affairs and encourage participants to protect themselves and others from the COVID-19 disease.” Finally, the City has determined that meeting in person would present imminent risks to the health or safety of attendees. Accordingly, all of the above-referenced AB 361 findings currently exist.
By taking the recommended action the current virtual meeting procedures may continue. If the City Council does not make the findings pursuant to AB 361, the City would have to conduct its public meetings for the City Council and other commissions in person.
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
Prepared by:
Trevor Rusin
City Attorney