CITY COUNCIL STAFF REPORT
Meeting Date: February 06, 2023
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 January 9, 2023, the City Council reaffirmed Resolution No. 33-22 (adopted May 2, 2022) allowing for teleconferenced, in-person, or hybrid (a blend of remote and in-person participants) public meetings of the City’s legislative bodies from January 12, 2023 through February 10, 2023. 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 City Council has continuously reaffirmed that resolution.
Analysis
In order to continue 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 under an emergency declaration regarding COVID-19, and as of the publishing of the agenda packet that contains this report, State health officials continue to recommend holding online meetings, or if meeting in person, social distancing1, to help stop the spread of the virus. Although the County rescinded any and all active COVID-19-related health orders on October 21, 2022, Contra Costa Health Services continues to issue updated Recommendations for Safely Holding Public Meetings (January 5, 2023 update attached).
The State of California emergency declaration regarding COVID-19 remains in effect. Although the Governor’s Office issued a press release on October 17, 2022 stating his plans to terminate the emergency declaration effective February 28, 2023, at the time of the publishing of the agenda packet that contains this report, the Governor has not issued an official termination order, and 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 is recommended to help reduce the transmission of COVID-19.
The last reaffirmation of Resolution No. 33-22 expires on February 10, 2023. Staff therefore recommends the City Council reaffirm Resolution No. 33-22 allowing for in-person, hybrid, or fully teleconferenced meetings of all City legislative bodies from February 11, 2023 through March 13, 2023 (this authorization will automatically terminate on February 28, 2023 if the Governor issues an official termination effective that date) 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
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/Documents/COVID-19/COVID-19- Vaccine-Beneficiary-FAQ.pdf updated June 13, 2022; 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 updated December 12, 2022; and the FAQ’s to Cal-OSHA’s Emergency Temporary Standards located at https://www.dir.ca.gov/dosh/coronavirus/covid19faqs.html#training updated November 8, 2022.
agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Reaffirm 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
Recommendations for Safely Holding Public Meetings (January 5, 2023) Prepared by: Danielle K. Navarro, Principal Management Analyst/City Clerk Approved by: June Catalano, City Manager