CITY COUNCIL STAFF REPORT
Meeting Date: January 10, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: AFFIRM RESOLUTION NO. 63-21 APPROVING CONTINUED
TELECONFERENCING OF THE MEETINGS OF ALL CITY
LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF AB 361
SYNOPSIS
On September 15, 2021, the Governor signed into law AB 361, an urgency measure which allows for the continuation of teleconferenced meetings. On October 4, 2021, the City Council adopted Resolution No. 63-21 approving continued teleconferencing of the meetings of all of the City’s legislative bodies pursuant to the provisions of AB 361; since then, the City Council has affirmed the resolution at each regular meeting to continue teleconferencing under AB 361.
Staff recommends the City Council once again affirm Resolution No. 63-21 approving continued teleconferenced (“remote”) meetings of all City legislative bodies through February 9, 2022 pursuant to the provisions of AB 361.
DISCUSSION
Background
In September 2021, the Governor signed into law AB 361, an urgency measure (i.e. it became effective immediately) which largely continues his Executive Orders allowing for remote meetings under “relaxed” provisions of the Brown Act in response to the COVD-19 pandemic.
The provisions still require that members of the public have the ability to view, listen, and comment on items on the agenda.
On October 4, 2021, the City Council adopted Resolution No. 63-21 approving the continuation of remote meetings for all of the City’s legislative bodies pursuant to the provisions of AB 361.The City Council affirmed the resolution at all of its regular meetings in November and December 2021 to continue to meet the 30-day deadline.
Analysis
AB 361 contains several requirements in order to continue the use of remote meetings. These include:
There must be a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency. During that State of Emergency, either State or local officials have imposed or recommended measures to promote social distancing, or determined that meeting in person would present an imminent risk to the health or safety of attendees. In order to continue to utilize remote meetings, the Council must take formal action within 30 days of the first AB 361 meeting, reconsider the factors above every 30 days, and adopt specified findings that the facts relied upon still exist.
The State of California is still under an emergency declaration regarding COVID-19, and both State and local health officials continue to recommend social distancing to help stop the spread of the virus. Resolution No. 63-21, adopted October 4, 2021 by the City Council, applies to all of the City’s legislative bodies (as defined by the Brown Act). The City Council last affirmed the resolution on December 20, 2021; this remote meeting allowance expires January 19, 2022 unless the City Council takes formal action to reconsider the factors and affirm the specified findings in the resolution. The next regular meeting of the City Council is scheduled for January 24, 2022 (due to the City holiday on the second Monday in January), which falls after the January 19th expiration. Staff therefore recommends the City Council vote to affirm Resolution No. 63-21 as the formal action of its reconsideration of the factors listed and adoption of the specified findings that the facts relied upon still exist, thereby extending the allowance to February 9, 2022.
The City will continue to monitor State and local recommendations and guidelines and update the findings every 30 days, in compliance with AB 361.
FISCAL IMPACT
None
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department.
The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Staff recommends the City Council vote to affirm Resolution No. 63-21 as the formal action of its reconsideration of the factors listed and adoption of the specified findings that the facts relied upon still exist.
ALTERNATIVES TO RECOMMENDED ACTION
The Council could not affirm the resolution and provide direction to staff.
ATTACHMENT(S):
Resolution No. 63-21
Prepared by: Danielle K. Habr, City Clerk
Approved by: June Catalano, City Manager