HomeMy WebLinkAbout1A OCRCITY COUNCIL STAFF REPORT
DATE: June 5, 2023 CONSENT CALENDAR
SUBJECT: FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION,
AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
FROM:
BY:
Scott C. Stiles, City Manager
Brenda Pree, City Clerk
RECOMMENDATION:
By motion, find that:
1. The City Council has reconsidered the circumstances of the state of emergency.
Even though the State and local declared states of emergency have ended,
community spread of COVID-19 continues to exist, and measures to reduce the
spread, including physical distancing measures, continue to be necessary for
the public, health, safety and welfare; and
2. State and local officials continue to recommend social distancing measures,
which can impact the ability of the City and the public to meet safely in person;
and
3. The City Council, and its subordinate bodies (Boards, Commissions, and
Committees), shall be authorized to conduct public meetings in accordance with
Government Code section 54953(e)(2) and other applicable provisions of the
Brown Act for remote only or hybrid teleconference meetings.
BACKGROUND:
Governor Newsom’s Executive Orders N-29-20 and N-35-20, which relaxed some of the
Brown Act’s teleconferencing provisions during the COVID-19 pandemic, expired on
September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which
amends sections of the Brown Act to allow legislative bodies to more easily hold
teleconference meetings during a state of emergency.
AB 361 added section 54953(e) to the Brown Act, authorizing legislative bodies (City
Council, Boards, and Commissions) to conduct remote meetings provided the legislative
body makes specified findings on a regular basis. Section 54953(e)(3) authorizes the
City Council and its subordinate bodies to continue to conduct remote and/or hybrid public
meetings, provided the procedural requirements of AB 361 are met.
In order to continue meeting by remote teleconferencing, a required condition is that the
City Council find that state or local officials have imposed or recommended measures to
promote social (physical) distancing, and that the legislative body continues to make
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certain findings by majority vote at least every 30 days.
Among other measures to promote physical distancing, the California Division of
Occupational Safety and Health (“Cal/OSHA”) regulations at Title 8 Section 3205
recommend physical distancing in the workplace as precautions against the spread of
COVID-19 and imposes certain restrictions and requirements due to a “close cont act”
which occurs when individuals are within six feet of another in certain circumstances.
And, the Centers for Disease Control and Prevention continue to recommend avoiding
contact and keeping a safe distance from a person who has a suspected or confirme d
case of COVID-19.
Under AB 361, teleconferenced meetings must meet the following requirements:
•All votes taken during a teleconferenced meeting must be by rollcall.
•Whenever notice of the time of the meeting is given or the agenda for the meeting
is posted, the legislative body must also provide notice of the means by which
members of the public can access the meeting and offer public comment. The
agenda must identify and include an opportunity for all persons to attend via a call-
in option or an internet-based service option.
•In the event of a disruption that prevents the legislative body from broadcasting the
meeting to members of the public using the call-in option or internet-based service
option, or in the event of a disruption within the City’s control that prevents
members of the public from offering public comments using the call-in option or
internet-based service option, the legislative body cannot take any further action
on items appearing on the meeting agenda until public access to the meeting via
the call-in option or internet-based service option is restored.
•The legislative body cannot require public comments to be submitted in advance
of the meeting and must provide an opportunity for the public to address the
legislative body and offer comment in real time.
•An individual desiring to provide public comment through the use of an internet
website, or other online platform, not under the control of the local legislative body,
that requires registration to log in to a teleconference may be required to register
as required by the third-party internet website or online platform to participate.
•With regard to public comments:
•A legislative body that provides a timed public comment period for each agenda
item cannot close the public comment period for the agenda item, or the
opportunity to register, to provide public comment until that timed public
comment period has elapsed.
•A legislative body that does not provide a timed public comment period, but
takes public comment separately on each agenda item, must allow a reasonable
amount of time per agenda item to allow public members the opportunity to
provide public comment, including time for members of the public to register/log
on, or otherwise be recognized for the purpose of providing public comment.
•A legislative body that provides a timed general public comment period that does
not correspond to a specific agenda item cannot close the public comment
period or the opportunity to register/log on, until the timed general public
comment period has elapsed.
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City Council Staff Report
June 05, 2023 -- Page 2
Virtual Meetings Under AB 361
As such, City Staff and the City Attorney recommend that the City Council make thes e
findings, including at every Council meeting, in order to meet the “every 30 days”
requirement of AB 361. These findings would apply to all City Boards, Commissions and
Committees, so they are able to hold virtual meetings under AB 361.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
REVIEWED BY:
Department Director: Brenda Pree
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
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