CITY COUNCIL STAFF REPORT
Meeting Date: April 04, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 APPROVING CONTINUED
TELECONFERENCING OF THE MEETINGS OF ALL CITY
LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF AB 361 AND REPEALING AND REPLACING RESOLUTION NO. 63-21
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 continuously affirmed the resolution within the 30-day deadline to continue teleconferencing under AB 361. Staff has updated the findings in the proposed resolution to reflect the current guidelines. Staff recommends the City Council adopt the proposed resolution approving continued teleconferenced (“remote”) meetings of all City legislative bodies through May 4, 2022 pursuant to the provisions of AB 361 and repealing and replacing Resolution No. 63-21.
DISCUSSION
Background
In September 2021, the Governor signed into law AB 361, an urgency measure (i.e. it became effective immediately) which largely continued 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 from November 2021 through March 7, 2022 to continue to meet the 30-day deadline. On March 1, 2022, Contra Costa Health Services updated its Recommendations for Safely Holding Public Meetings, the first of which states that “Online meetings (i.e. teleconferencing meetings) are strongly recommended….”
Analysis
AB 361 contains several requirements in order to continue the use of remote meetings. These include:
There must have been a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency, which he did.
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 any, if not, all 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.
Government Code 54953(e)(3), added by AB 361, states that if a state of emergency remains or if state or local officials continue to recommend measures to promote social distancing, then local agencies can continue to meet virtually. The required findings are:
“(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.”
The State of California is still under an emergency declaration regarding COVID-19, and as of March 1, 2022, both State and local health officials continue to recommend holding online meetings, or if meeting in person, social distancing1, to help stop the spread of the virus. Contra Costa Health Services is expected to update its Recommendations for Safely Holding Public Meetings on April 1, 2022, after the publication of the agenda packet, which includes this staff report. Staff will provide an update at the meeting should the recommendations change.
1 There are still references to social distancing in state materials including: the Frequently Asked Questions (“FAQs”) for Medi-Cal beneficiaries located at https://www.dhcs.ca.gov/Pages/COVID-19-Vaccines.aspx as of the date this staff report was published; the guidance on additional vaccine doses for persons who are immunocompromised located at https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID19/ThirdVaccineDoseQandA.aspx as of the date this staff report was published; and the FAQ’s to Cal-OSHA’s Emergency Temporary Standards located at https://www.dir.ca.gov/dosh/coronavirus/covid19faqs.html#training as of the date this staff report was published.
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 March 7, 2022; this remote meeting allowance expires April 6, 2022 unless the City Council takes formal action to reconsider the factors and affirm the specified findings in the proposed attached resolution. The next regular meeting of the City Council is scheduled for April 18, 2022, which falls after the April 6th expiration.
Staff therefore recommends the City Council adopt the proposed resolution approving continued teleconferenced (“remote”) meetings of all City legislative bodies through May 4, 2022 pursuant to the provisions of AB 361 and repealing and replacing Resolution No. 63-21.
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 adopt the proposed resolution approving continued teleconferenced (“remote”) meetings of all City legislative bodies through May 4, 2022 pursuant to the provisions of AB 361 and repealing and replacing Resolution No. 63-21.
ALTERNATIVES TO RECOMMENDED ACTION
The Council could not adopt the resolution and provide direction to staff.
ATTACHMENT(S):
Proposed Resolution
Prepared by: Danielle K. Habr, City Clerk
Approved by: June Catalano, City Manager