CITY COUNCIL STAFF REPORT
Meeting Date: May 16, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: REAFFIRM RESOLUTION NO. 33-22 APPROVING CONTINUED
TELECONFERENCED, HYBRID OR IN-PERSON 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 without complying with the teleconferencing requirements imposed by the Brown Act. The measure requires that the findings allowing for teleconferenced meetings are affirmed every 30 days. On May 2, 2022, the City Council adopted a resolution allowing for teleconferenced, in-person, or hybrid (a blend of remote and in-person participants) public meetings of the City’s legislative bodies. Staff recommends the City Council reaffirm the resolution for the next 30-day period.
DISCUSSION
Background
AB 361 temporarily authorizes local agencies to hold teleconferenced meetings 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.
On May 2, 2022, the City Council adopted Resolution No. 33-22 allowing for in-person, hybrid, or fully teleconferenced meetings of all legislative bodies pursuant to the provisions of AB 361.
The resolution expires on June 1, 2022, which falls before the first City Council meeting in June.
Staff was asked to include meeting safety protocols for hybrid meetings when the AB 361 resolution is reaffirmed. The guidelines are still being developed to ensure the most current and accurate legal, health, and safety information is included.
Analysis
In order to continue to teleconferenced or hybrid meetings, the Council must 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 as of the publishing of the agenda packet that contains this report, 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 updated its Recommendations for Safely Holding Public Meetings on April 15, 2022.
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.
Resolution No. 33-22 expires on June 1, 2022, which falls before the first City Council meeting in June. Staff therefore recommends the City Council affirm Resolution No. 33-22 allowing for inperson, hybrid, or fully teleconferenced meetings of all City legislative bodies through June 15, 2022 pursuant to the provisions of AB 361.
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.
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 updated May 7, 2022.
RECOMMENDED CITY COUNCIL ACTION
Affirm Resolution No. 33-22 allowing for in-person, hybrid, 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):
Resolution No. 33-22
Prepared by: Danielle K. Habr, Principal Management Analyst/City Clerk Approved by: June Catalano, City Manager