CITY COUNCIL STAFF REPORT
Meeting Date: May 02, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 ALLOWING FOR IN-PERSON,
HYBRID TELECONFERENCED, OR FULLY TELECONFERENCED
MEETINGS OF ALL 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 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.
On April 18, 2022, the City Council met and gave direction to staff to return to the May 2, 2022 meeting with a resolution providing for the maximum amount of flexibility in safely holding public meetings of the City’s legislative bodies. The City Council may now wish to consider adopting a resolution that clarifies all legislative bodies in the City may hold in-person, hybrid teleconferenced or fully teleconferenced public meetings, pursuant to the provisions of AB 361.
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 1) during a declared state of emergency, when state or local health officials have imposed or recommended measures to promote social distancing, 2) during 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) during 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 encourage online public meetings as online meetings present the lowest risk of transmission of COVID-19. If meeting in-person, social distancing, to help stop the spread of COVID-19 is recommended. To the extent that the City elects at any point to hold a hybrid meeting at which some persons are permitted to attend in person, the City will ensure that the meeting facility (e.g., City Council Chambers) allows for adequate separation to account for social distancing for members of the public attending the meeting. Once the facility reaches capacity, in light of these social distancing efforts, any remaining members of the public should be directed to attend the meeting virtually.
FISCAL IMPACT
The City Council’s adoption of the resolution to allow in-person, hybrid teleconferenced, or fully teleconferenced meetings for all City legislative bodies is not anticipated to result in any financial 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
Adopt the proposed resolution allowing for in-person, hybrid teleconferenced, or fully teleconferenced meetings of all legislative bodies pursuant to the provisions of AB 361.
ALTERNATIVES TO RECOMMENDED CITY COUNCIL ACTION
Provide further direction to staff.
ATTACHMENT(S):
Proposed Resolution
Recommendations from Contra Costa Health Services (4/15/22) Prepared by: Janet Coleson, City Attorney
Approved by: June Catalano, City Manager