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Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / SUPPORT AND EMERGENCY SERVICES JANUARY 18, 2022
SUBJECT: MAKING THE LEGALLY REQUIRED FINDINGS TO AUTHORIZE THE CONDUCT OF REMOTE "TELEPHONIC" MEETINGS DURING THE STATE OF
EMERGENCY
FISCAL
IMPACT: None
SUMMARY:
On Friday, September 17, 2021, the Governor signed Assembly Bill (AB) 361. AB -361 allows local agencies to continue to conduct remote ("Zoom") meetings during a declared state of emergency, provided local agencies comply with specified requirements. Absent this legislation, local agencies would have had to return to traditional meetings beginning on October 1, 2021.
Starting October 1, 2021 and running through the end of 2023, to participate in remote meetings, public agencies must comply with the requirements of new subsection (e) of Government Code section 54953. By majority vote the City Council must determine that "as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees," and that a state of emergency remains active and continues to directly impact the ability of the members to meet safely in person.
Staff recommends that both the initial determination, and all subsequent determinations be made by City Council resolution. Resolution R-2022-01, (Attachment 1) would provide the initial determination for 2022.
RECOMMENDATION:
It is recommended that the City Council take the following action:
Approve Resolution R-2022-01, a Resolution of the City Council of the City of Placentia, California, making the legally required findings to authorize the conduct of remote "telephonic" meetings during the state of emergency.
DISCUSSION:
On March 4, 2020, Governor Newsom declared a state of emergency. That declaration is still in effect. Since March 12, 2020, Executive Orders from the Governor have relaxed various Brown
1. d.
Jan. 18, 2022
City Council Agenda
January 18, 2022
Act meeting requirements to allow remote meetings and to temporarily suspended the Brown Act provisions requiring the physical presence of members at the public meetings. The most recent extension of that authorization expired at the end of September 2021.
Starting October 1, 2021 and running through the end of 2023, in order for cities to conduct remote meetings, public agencies must comply with the requirements of new subsection (e) of Government Code section 54953.
The first remote public meeting of a legislative body on or after October 1, 2021 is allowed only if it is during a state of emergency proclaimed by the Governor, and at least one of the following is true:
1. State or local officials have imposed or recommended measures to promote social distancing; or
2. The legislative body is holding a meeting for the purpose of determining "whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees." That is, the legislative body will be determining whether there is such risk; or
3. By "majority vote" the legislative body determines that "as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees." That is, the legislative body already determined there is such risk.
Any time after the first remote meeting of the legislative body, it can meet remotely if both of the following apply:
1. State/local emergency/social distancing. Either:
a. "A state of emergency remains active;" or
b. State or local officials have imposed or recommended measures to promote social distancing;" and
2. 30 days. Within the last 30 days (which vote may occur at that meeting) the legislative body has made the following findings by majority vote:
a. The legislative body has reconsidered the circumstances of the state of emergency; and
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; or
ii. State or local officials continue to impose or recommend measures to promote social distancing.
Subsection (e)(3) of Government Code section 54953 states that after the legislative body makes this determination, the legislative body must make this determination "every 30 days thereafter." Due to the recent holiday period, more than 30 days elapsed since the last City Council determination. Therefore, it is necessary to reinstate the process in Government Code 54953.
City Council Agenda
January 18, 2022
Once the City Council has made the initial determination in the attached resolution to conduct remote meetings, the City Attorney and Staff recommend that for each subsequent meeting (until there is no longer a desire to meet remotely), the City Council approve a Consent Calendar item to make the legally required finding described in subsection (e)(3), and thereby allow the City Council and all boards, commissions, and committees to continue to meet remotely until the emergency is deemed ended.
Although it is not legally required, Staff recommends that both the initial determination, and all subsequent determinations be made by City Council resolution. Resolution R-2022-01, (Attachment 1) would provide the initial determination and Staff will submit a Consent Calendar Item with a resolution for each subsequent determination.
Prepared by:
OVA
Koen O'Leary
Deputy City Clerk
Reviewed and approv
Christian L. Bettenhausen
City Attorney
Reviewed and approved:
Rosa na Ramirez
Deputy City Administrator
Reviewed and a
Darni i R. Arrula
City Administrator
Attachment:
Resolution R-2022-01 — Authorizing Remote Meeting Participation