CITY COUNCIL STAFF REPORT
Meeting Date: April 18, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: CONDUCT A DISCUSSION ON CITY OF PLEASANT HILL
TELECONFERENCED PUBLIC MEETINGS AND RETURNING TO INPERSON MEETINGS
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. The City Council most recently adopted Resolution No.19-22 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 Council has asked to discuss and consider the safety and procedural issues involved in continuing to hold teleconferenced meetings or returning to in-person meetings.
DISCUSSION
AB 361 temporarily authorizes local agencies to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act when the legislative body of the local agency holds a meeting during: 1) a declared state of emergency, when state or local health officials have imposed or recommended measures to promote social distancing; 2) a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees; and 3) a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees. The City Council has been utilizing AB 361 to hold teleconferenced meetings since October 2021 for the City Council and all subsidiary City commissions, boards, and committees.
The State of California emergency declaration regarding COVID-19 remains in effect, and both State and local health officials continue to recommend holding online meetings, or if meeting in person, social distancing, to help stop the spread of COVID-19. Contra Costa Health Services (CCHS) continues to strongly recommend teleconferencing since online meetings present the lowest risk of spreading the coronavirus.1If in-person meetings are held, CCHS recommends the following:
Offer hybrid meetings whenever possible. Offering telephone or online options give those at higher risk of and/or higher concern about COVID-19 the opportunity to attend the meeting remotely.
Develop and follow a written safety protocol.
Require social distancing – room layouts should allow everyone (elected, staff and members of the public) to easily maintain at least a six-foot distance from one another at all practicable times.
Require face masking of all attendees.
Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Consider symptom checks – this may screen out individuals with other COVID-19 symptoms besides fever and help reinforce the message to not go out in public if you are not feeling well.
Consider a voluntary attendance sheet with names and contact information to assist in contact tracing any cases linked to a public meeting.
Even though CCHS continues to recommend fully virtual meetings, the Council could decide to not adopt an AB 361 resolution. This would mean that all public meetings, including council meetings and meetings of the City’s boards, commissions and committees, would need to be held in-person and under the non-emergency Brown Act provisions.
Should the City Council desire to continue to conduct fully virtual or hybrid (meaning partially inperson and partially virtual) meetings, it must adopt an AB 361 resolution making specific findings in support of continuing teleconferenced/hybrid meetings every 30 days. Adoption of an AB 361 resolution allows for the needed flexibility to ensure all of the City’s public meetings are held in a safe manner. Pursuant to AB 361, the legislative body must make findings by majority vote on the circumstances of the applicable state of emergency and find that the state of emergency continues to directly impact the ability of its members to safely meet in person, State or local officials continue to impose or recommend measures to promote social distancing, and available meeting facilities may not allow for social distancing such that in-person meetings could occur. A teleconferenced/hybrid meeting also allows any member or multiple members of any of the legislative bodies to participate remotely.
Staff therefore seeks City Council discussion and direction on the preferred format for City Council and City commission, board, and committee meetings (fully virtual, hybrid, or in-person only) and provide direction to staff. If the Council directs staff to bring back an appropriate AB 361 resolution, consideration of this resolution will be placed on the May 2nd City Council meeting.
1 https://cchealth.org/covid19/pdf/recommendations-for-safe-public-meetings.pdf.
FISCAL IMPACT
There is no anticipated fiscal impact.
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
Discuss and provide direction to staff.
ATTACHMENT(S):
None
Prepared by: Janet Coleson, City Attorney
Approved by: June Catalano, City Man