C-1
LON
OFFICE OF THE CITY ATTORNEY
PORATED
CHARLES PARKIN ARY J. ANDERSO
City Attorney ssistant City Attorne
August 9, 2022 DAN A NATONEY
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Adopt Resolution making findings pursuant to Government Code Section 54953(e) (3) to authorize City legislative bodies to follow the teleconference meeting provisions of Government Code Section 54953(e) (1)-(2). (Citywide)
DISCUSSION
On September 30, 2021, the Ralph M. Brown Act (Brown Act) "waivers" for teleconference meetings of legislative bodies contained within the Governor of Calitornia's Executive Order N-08-21 expired. On September 16, 2021, the Governor signed into law Assembly Bill 361 (AB 361), which allows for similar practices during declared states of emergency where certain requirements are met and which took effect on October 1, 2021, pursuant to the Governor's Executive Order N-15-21.
In order to allow teleconference and hybrid meetings with "waivers" to continue under AB 361, the City Council must make monthly findings reconsidering the circumstances of the state of emergency, and find that state or local officials continue to impose or recommend measures to promote social distancing. The Long Beach Health Officer continues to recommend teleconference meetings, to the extent possible, of the City's legislative bodies, to promote social distancing measures to minimize the spread of COVID-19 for the protection of the community, staff, presenters, and legislative body members.
If adopted, the attached Resolution would make such findings pursuant to Government Code Section 54953(e)(3) to authorize City legislative bodies to follow the teleconference meeting provisions of Government Code Section 54953(e) (1)-(2).
August 9, 2022
SUGGESTED ACTION:
Approve recommendation.
Respectfully submitted,
CHARLES PARKIN, City Attorney
Monica J. Kilaita
Deputy City Attorney
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ATTACHMENT: CITY COUNCIL RESOLUTION
1 RESOLUTION NO.
2 3 A RESOLUTION OF THE CITY COUNCIL OF THE
4 CITY OF LONG BEACH MAKING FINDINGS PURSUANT TO
5 GOVERNMENT • CODE SECTION 54953(e)(3) TC
6 AUTHORIZE CITY LEGISLATIVE BODIES TO FOLLOW THE
7 TELECONFERENCE MEETING PROVISIONS OF
8 GOVERNMENT CODE SECTION 54953(e)(1)-(2)
9 10 WHEREAS, on March 12, 2020, the Governor of California issued Executive 11 Order N-25-20 which, among other things, took the unprecedented action of temporarily 12 suspending certain requirements of the Ralph M. Brown Act ("Brown Act") in light of the 13 spread of COVID-19, an ongoing public health state of emergency; and OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Lona Beach. CA 90802 14 WHEREAS, Executive Order N-25-20 still required legislative bodies to 15 provide a publicly accessible location from which members of the public would be able to 16 observe a public meeting and offer public comment during a meeting; and 17 WHEREAS, as such, on March 17, 2020, the Governor issued Executive 18 Order N-29-20, which further suspended various requirements of the Brown Act for public 19 meetings, and replaced the Brown Act portion of Executive Order N-25-20 in its entirety; 20 most notably, legislative bodies were no longer required to provide a physical location for 21 the public to observe or provide public comment during a public meeting; and 22 WHEREAS, on June 15, 2021, the Governor issued Executive Order N-08- 23 21, which, among other things, replaced the Brown Act portion of Executive Order N-29- 24 20, but still allowed for certain Brown Act temporary suspensions, such as not having to 25 provide a physical location for the public to observe or provide public comment during a 26 public meeting and allowing all legislative body members to participate from outside the 27 body's jurisdictional boundaries, and stated that such suspensions would expire on 28 September 30, 2021; and
AJK:vr:kim 8/1/22 A21-04695 (08-09-2022
Resolution - Council Meetings-HHS re teleconference meetings.doc) 1 WHEREAS, on September 16, 2021, the Governor signed into law Assembly 2 Bill 361 ("AB 361"), which allows for similar "waivers" of teleconference meetings under the 3 Brown Act during declared states of emergency where certain conditions are met, and 4 which took effect immediately as an urgency bill; and 5 WHEREAS, on September 20, 2021, the Governor issued Executive Order 6 N-15-21 to temporarily suspend the teleconferencing provisions of AB 361 until October 1, 7 2021; and
8 WHEREAS, AB 361 includes key "waivers" of normal teleconferencing requirements including, but not limited to, the ability of a legislative body to allow public 10 access and comment via phone or internet only and to allow even a quorum of the 11 legislative body to take meetings from locations outside the body's jurisdictional boundaries 12 without specifying the location or posting agendas at each teleconference location; and 13 WHEREAS, AB 361 provides public participation safeguards, such as OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Lona Beach. CA 90802 14 requiring the legislative body to conduct teleconference meetings in a way that protects the 15 statutory and constitutional rights of the parties and public appearing before the legislative 16 body; requiring that the legislative body take no further action if there is a disruption that 17 prevents the agency from broadcasting the meeting to the public using the call-in or 18 internet-based service option, or if there's a disruption within the agency's control which 19 prevents members of the public from offering public comment using the call-in or internet- 20 based service option; not requiring public comments to be submitted in advance of the 21 meeting and providing the public opportunity to address the legislative body and offer 22 comment in real time; and the like; and
23 WHEREAS, in order to apply the teleconferencing standards with "waivers" 24 under AB 361, there are certain conditions which must be met; and 25 WHEREAS, first, AB 361 requires one of the following three conditions to be 26 met by the legislative body: (1) the legislative body holds a meeting during a proclaimed 27 state of emergency, and state or local officials have imposed or recommended measures 28 to promote social distancing; (2) the legislative body holds a meeting during a proclaimed 2 MJK:vr:kjm 8/1/22 A21-04695 (08-09-2022)
Resolution - Council Meetings-HHS re teleconference meetings.docx 1 state of emergency for the purpose of determining, by a majority vote, whether as a result 2 of the emergency, meeting in person would present imminent risks of health or safety of 3 attendees; or (3) the legislative body holds a meeting during a proclaimed state of 4 emergency and has determined, by a majority vote, that as a result of the emergency, 5 meeting in person would present imminent risks to the health or safety of attendees; and 6 WHEREAS, currently, there is a continuing state of emergency concerning 7 the COVID-19 pandemic at both the State and City of Long Beach levels, and, on 8 September 30, 2021, the City of Long Beach Health Officer issued an initial 9 recommendation for the continuation of virtual public meetings, to the extent possible, in 10 order to promote social distancing measures for the protection of the community, staff, 11 presenters, and legislative body members; and
12 WHEREAS, the City's Health Officer has since issued a revised 13 recommendation(s) continuing to encourage virtual public meetings, to the extent possible, OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Lona Beach. CA 90802 14 in order to promote social distancing measures due to COVID-19, and such 15 recommendation currently remains in place; and
16 WHEREAS, second, a legislative body must also make the following findings 17 every 30 days, starting with no later than 30 days after teleconferencing for the first time 18 under AB 361, by a majority vote: (1) the legislative body has reconsidered the 19 circumstances of the state of emergency; and (2) either the state of emergency continues 20 to directly impact the ability of the members to meet safely in person, or state or local 21 officials continue to impose or recommend measures to promote social distancing; and 22 WHEREAS, the City Council now desires to, again, make the required 23 monthly findings as specified in Government Code section 54953(e) (3) in order to allow 24 the City Council, and all City commissions, committees, boards, or other bodies subject to 25 the Brown Act, to continue to hold meetings pursuant to the teleconference requirements 26 of Government Code section 54953(e)(1)-(2); and
27 WHEREAS, the City Council also desires to authorize the City Council, and 28 City commissions, committees, boards, or other bodies subject to the Brown Act, to opt for 3 K:vr:kjm 8/1/22 A21-04695 (08-09-20:
solution - Council Meetinas HHS re teleconference meetinas de 1 in-person and/or hybrid (a combination of virtual and in-person) meetings to the extent 2 possible based on varying circumstances, including but not limited to meetings that may 3 be of a quasi-judicial nature or those bodies that have already been meeting in person as 4 circumstances have allowed, and to do so while complying with the City Health Officer's 5 recommended protocols, wherever feasible;
6 NOW, THEREFORE, the City Council of the City of Long Beach resolves as 7 follows:
8 Section 1. Pursuant to Government Code section 54953(e) (3), the City Council hereby reconsiders the state of emergency of the COVID-19 pandemic and finds 10 that the City Health Officer continues to recommend measures to promote social distancing 11 such as remote meetings of legislative bodies. The City Health Officer's current 12 recommendation is attached hereto as Attachment "A".
CA 90802 13 Section 2. The City Council authorizes the Council and all City of Long OFFICE OF THE CITY ATTORNEY 411 W. Ocean Boulevard, 9th Floor 14 Beach legislative bodies, including all City commissions, committees, and boards, to CHARLES PARKIN, City Attorney
Lona Beach. 15 continue to hold teleconference meetings in accordance with Government Code section 16 54953(e) (1)-(2).
17 Section 3. The City Council recognizes that City legislative bodies may 18 have varying circumstances and considerations and, as such, hereby authorizes the 19 Council, and City commissions, committees, boards, or other bodies subject to the Brown 20 Act, to opt for in-person and/or hybrid (a combination of virtual and in-person) meetings to 21 the extent possible, including but not limited to meetings that may be of a quasi-judicial 22 nature or those bodies that have already been meeting in person as circumstances have 23 allowed. Such meetings must comply (wherever feasible) with the Health Officer's 24 recommendation with respect to protocols for in-person meetings. 25 Section 4. This resolution shall take effect immediately upon its adoption 26 by the City Council, and the City Clerk shall certify the vote adopting this resolution. 27 //I
28 4
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Resolution - Council Meetings-HHS re teleconference meetings.doc 1 I hereby certify that the foregoing resolution was adopted by the City Council 2 of the City of Long Beach at its meeting of _ 2022, by the 3 following vote:
4 5 Ayes: Councilmembers:
6 7
8 9 Noes: Councilmembers:
10 Absent: Councilmembers:
12 13 Recusal(s): Councilmembers:
411 W. Ocean Boulevard, 9th Floor 14
OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney Lona Beach. CA 90802 15 16
City Clerk
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Resolution - Council Meetings-HHS re teleconference meetings. docx
CITY OF EXHIBIT A
LONGBEACH Memorandum
Date: August 1, 2022
To: Thomas B. Modica, City Manager
From: Dr. Anissa Davis, Long Beach Health Officer Anissa Daus For: Mayor and Members of the City Council and all Boards and Commissions Subject: Recommendation Regarding Physical Distancing, Optional Virtual/Hybrid Meetings, and In-Person Meeting Practices Assembly Bill 361 (AB 361), which became effective on October 1, 2021, allows for certain waivers of Brown Act teleconference requirements during declared states of emergency when certain conditions have been met. These "waivers" promote physical distancing to minimize the spread of COVID-19 by allowing legislative body members to take meetings from outside the body's jurisdictional boundaries, as well as allowing public access and comment through phone and/or internet services only, among other things which seek to protect the community and staff. One condition to authorize such virtual meetings of legislative bodies is that state or local health officials have imposed or recommended measures to promote physical distancing during a proclaimed state of emergency.
I am issuing these revised recommendations for the City's legislative bodies to continue to meet virtually, if feasible, under the relevant provisions of AB 361. I have further included recommended practices during in-person meetings of legislative bodies. These recommendations should be forwarded to those bodies.
I strongly recommend that physical distancing measures continue to be practiced throughout Long Beach communities, including at meetings of the City's various legislative bodies, to minimize the spread of COVID-19. Physical distancing, masking, staying home when sick, and frequent handwashing remain crucial infection control measures to prevent the spread of COVID-19, including its variants.
To the extent possible, virtual meetings are recommended as they allow for the participation of the community, City staff, presenters, Councilmembers, commissioners, committee members, and board members with no risk of contagion. As an alternative, a legislative body may hold a hybrid meeting (i.e., a meeting that are both in-person and virtual) with infection control measures outlined below to minimize the spread of COVID-19 while partially operating in-person.
Where legislative bodies hold in-person meetings based on varying circumstances, I strongly recommend that infection control measures are implemented, if possible or where mandated, including: (1) where feasible, maintaining at least six-foot physical distance from other individuals, even when wearing a face mask; (2) washing hands with soap and water for at least twenty seconds or use hand sanitizer that contains at least 60% alcohol, as frequently as possible; (3) covering coughs or sneezes (into the sleeve, elbow, or tissue, not hands); (4) Recommendation Regarding Physical Distancing, Optional Virtual/Hybrid Meetings, and In-Person Meeting Practices
August 1, 2022
regularly cleaning and disinfecting high-touch surfaces; (5) avoiding physically intimate forms of greeting such as shaking hands, hugging, and kissing; (6) staying home when sick; (7) to the extent feasible, avoiding eating and drinking in public places; and (8) wearing a face mask securely over one's mouth and nose.
I will continue to evaluate this recommendation on an ongoing basis and this recommendation will remain in place until amended, replaced, or repealed. If you have any questions regarding this recommendation, please do not hesitate to contact me.
CC: CHARLES PARKIN, CITY ATTORNEY
DOUGLAS P. HAUBERT, CITY PROSECUTOR
LAURA L. DOUD, CITY AUDITOR
LINDA F. TATUM, ASSISTANT CITY MANAGER
KEVIN JACKSON, DEPUTY CITY MANAGER
TERESA CHANDLER, DEPUTY CITY MANAGER
REBECCA G. GARNER, Administrative DEPUTY CITY Manager
MONIQUE DE LA GARZA, CITY CLERK
DEPARTMENT HEADS