PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.K
SUBJECT/TITLE:
ADOPTION OF FINDINGS RELATING TO AB 361 (VIRTUAL MEETINGS)
RECOMMENDATION:
Adopt the following findings with respect to the City of Pismo Beach’s utilization of the provisions of Assembly Bill 361, relating to Brown Act teleconferences:
1. The City Council has reconsidered the circumstances of the state of emergency created by the coronavirus pandemic.
2. The following circumstances exist:
The state of emergency continues to directly impact the ability of the Council Members to meet safely in person.
BACKGROUND:
Assembly Bill 361 (Rivas, 2021) amended and codified the relaxed Brown Act provisions that were originally implemented by Executive Orders of the Governor in response to the coronavirus pandemic. Among the provisions of the Brown Act relaxed by the Governor’s Orders were provisions for participation in legislative meetings by teleconference (phone, or virtual platform such as Zoom). Prior Brown Act provisions required that, in the event any legislative body member(s) wished to participate in a meeting remotely, the exact address of the remote location(s) be published in advance on the meeting agenda, the remote location(s) be disabled-accessible, and the public be provided the opportunity to observe the meeting and make public comment at the remote location(s).
Governor’s Orders N-29-20 and N-08-21 effectively suspended all of these provisions for health and safety reasons, making it possible for legislative body members to join a meeting virtually without the need for advance noticing or providing direct public access to the location. AB 361, which became effective October 1, 2021, originally functionally codified these provisions through January 2024, allowing agencies to avail themselves of the continued teleconferencing option if desired, provided that the legislative body made certain findings as outlined below (Government Code Section 54953(e)(3)):
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
Council Agenda 12-20-2022 9.K-1
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
The City Council inaugurated its use of AB 361 provisions by holding a totally teleconferenced meeting via Zoom on October 5, 2021, and has since adopted the recommended findings at each of its regular meetings since October 19, 2021. Following the state’s removal of the indoor mask mandate for vaccinated individuals on February 16, 2022, the City Council transitioned to fully hybrid meetings where the legislative body members, staff, and the public may attend the meeting either in person, or virtually.
Assembly Bill 2449 (Rubio), effective January 1, 2023, codifies further amendments to the Brown Act provisions that regulate teleconference participation in legislative meetings, overriding the provisions of AB 361 requiring the adoption of findings relating to the need for teleconferencing. The City will therefore discontinue its use of AB 361 findings at the end of 2022. Beginning January 2023, the provisions of AB 2449 will control the teleconferencing activities of the City’s legislative body members. AB 2449 will significantly limit the use of remote teleconferencing compared to that permitted under AB 361.
Conclusion and Recommendation
In order to provide both legal compliance and practical flexibility during ongoing uncertain circumstances, staff recommends that, by minute order, the City Council make the following findings with respect to the City of Pismo Beach’s utilization of the provisions of Assembly Bill 361, relating to Brown Act teleconferences:
1. The City Council has reconsidered the circumstances of the state of emergency created by the coronavirus pandemic.
2. The following circumstances exist:
The state of emergency continues to directly impact the ability of the Council Members to meet safely in person.
This will be the final instance of the City Council’s adoption of findings under AB 361, and meeting teleconferencing will thereafter continue under the provisions of AB 2449.
FISCAL IMPACT:
There is no fiscal impact associated with adoption of the recommended findings.
ALTERNATIVES:
1. Do not adopt the findings; provide other direction to staff.
ATTACHMENTS:
None.
Submitted by: Meeting Date: December 20, 2022
Erica Inderlied, City Clerk
City Manager Approval:
Council Agenda 12-20-2022 9.K-2