HomeMy WebLinkAbout01. Receive information regarding AB 361 and consider adopting a resolution with findings of local emergency and to conduct meetings under the bill's guidelines Page 1 of 7
Item 1.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: SEPTEMBER 30, 2021
SUBJECT: RECEIVE INFORMATION ON RECENT LEGISLATION PERTAINING TO
THE HOLDING OF PUBLIC MEETI NGS; AND CONSIDER ADOPTION
OF RESOLUTION NO. 2021-052 PROCLAIMING A LOCAL EMERGENCY
ANDAUTHORIZING TELECONFERENCE MEETINGS, PURSUANTTO
BROWN ACT PROVISIONS PROVIDED UNDER ASSEMBLY BILL 361, FOR
THE PERIOD OF OCTOBER 1-31, 2021
SUBMITTED BY: INITIATING DEPARTMENT:
KENTON L. ALM, DISTRICT COUNSEL SECRETARYOF THE DISTRICT
Roger S. Bailey
General Manager
ISSUE
Due to the COVI D-19 pandemic Emergency Declaration and recent passage of Assembly Bill (AB) 361,
the Board of Directors must consider adopting a resolution that makes specific findings and authorizes the
continuation of teleconferencing and virtual meetings, for a 30-day period, commencing October 1, 2021,
pursuant to the Brown Act provisions provided under the bill.
BACKGROUND
Governor Gavin Newsom signed Executive Order N-15-21 clarifying that public agencies may continue to
meet remotely in accordance with procedures established by prior Executive Orders until October 1 st,
notwithstanding the adoption of urgency legislation which modifies the procedures for virtual meetings
during a proclaimed state of emergency. On September 16th Governor Newsom signed AB361 which
allows local public agencies to continue to meet remotely during the current state of emergency under
modified Brown Act requirements that are similar, but not identical, to the rules and procedures established
by the previous Executive Brown Act Orders.
AB 361 allows a local agency to use teleconferencing without complying with the Brown Act provisions
such as posting at all remote locations in any of the following circumstances:
September 30, 2021 Special Board Meeting Agenda Packet- Page 4 of 15
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• The legislative body holds a meeting during a proclaimed state of emergency, and state or local
officials have imposed or recommended measures to promote social distancing.
• The legislative body holds a meeting during a proclaimed state of emergency for the purpose of
determining, by majority vote, whether as a result of the emergency, meeting in person would present
imminent risks to the health or safety of attendees.
• The legislative body holds a meeting during a proclaimed state of emergency and has determined,
by majority vote that, as a result of the emergency, meeting in person would present imminent risks to
the health or safety of attendees.
AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency
must make the following findings by majority vote every 30 days to continue using the bill's exemption to
the Brown Act teleconferencing rules:
• The legislative body has reconsidered the circumstances of the emergency; and
• Either of the following circumstances exist: The state of emergency continues to directly impact the
ability of members to meet safely in person, or State or local officials continue to impose or
recommend social distancing measures.
In response to the passage of AB 361, on September 20th the Contra Costa Health Services Department
issued "Recommendations For Safely Holding Public Meetings" (Attachment 1)which in essence
provides a basis for public agencies in Contra Costa County to continue holding virtual meetings without
the more rigorous requirements so long as the public agency makes the finding every 30 days that the
local health officials continue to recommend social distancing. This action essentially eliminates the
requirement for the Board to find that holding in person meetings "would present imminent risk to the health
and safety of the attendees" in the event that the Board seeks to continue virtual meetings for the
immediate future.
A local agency that holds a meeting under these circumstances would be required byAB 361 to do all of
the following, in addition to giving notice of the meeting and posting agendas as required under the Brown
act. These additional requirements are intended to protect the public's right to participate in the meetings
of local agency legislative bodies.
• Allow the public to access the meeting and require that the agenda provide an opportunity for the
public to directly address the legislative body pursuant to the Brown Act's other teleconferencing
provisions.
• I n each instance when the local agency provides notice of the teleconferenced meeting or posts its
agenda, give notice for how the public can access the meeting and provide public comment.
• Identify and include in the agenda an opportunity for all persons to attend via a call-in or an internet-
based service option; the legislative body need not provide a physical location for the public to attend
or provide comments.
• Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of
the public.
• Stop the meeting until public access is restored in the event of a service disruption that either
prevents the local agency from broadcasting the meeting to the public using the call-in or internet-
based service option or is within the local agency's control and prevents the public from submitting
public comments (any actions taken during such a service disruption can be challenged under the
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Brown Act's existing challenge provisions).
• Not require comments be submitted in advance (though the legislative body may provide that as an
option) and provide the opportunity to comment in real time.
• Provide adequate time for public comment, either by establishing a timed public comment period or
by allowing a reasonable amount of time to comment.
• If the legislative body uses a third-party website or platform to host the teleconference, and the third-
party service requires users to register to participate, the legislative body must provide adequate
time during the comment period for users to register and may not close the registration comment
period until the comment period has elapsed.
The County has circulated a draft resolution to accompany the recent County Health Services
"Recommendations" in order to facilitate the continuation of online or teleconference meetings for Contra
Costa local agencies. Proposed Resolution 2021-052 is provided as Attachment 2. This resolution is
modeled after the suggested County form and only edited to make it appropriate for this Boards use if so
desired. Neither the County or County Health is mandating continued use of teleconference or online
public meetings, so the Board must make its own determination and findings in order to continue with
virtual meeting. This resolution is provided for your convenience if the Board seeks to extend the use of
virtual meetings for 30 days.
ALTERNATIVES/CONSIDERATIONS
The Board could choose not to adopt the proposed resolution.
FINANCIAL IMPACTS
None at this time.
COMMITTEE RECOMMENDATION
This item was not reviewed by a Board Committee.
RECOMMENDED BOARD ACTION
Consider the information presented for the manner to conduct Board and Committee meetings effective
October 1, 2021, and take one of the following actions:
1. Adopt the proposed resolution which makes findings of the safety and health of participants and to
conduct virtual meetings pursuant to Brown Act provisions provided under AB 361 for the month of
October 2021; or
2. Do not adopt the proposed resolution and conduct meetings pursuant to the Brown Act guidelines
provided under Government Code 54953.3(b).
ATTACHMENTS:
1. County Health Recommendation issued 09-20-21
2. Proposed Resolution
September 30, 2021 Special Board Meeting Agenda Packet- Page 6 of 15
Page 4 of 7
Attachment 1
ANNA M. ROTH, RN, MS, MPH � OFFICE OF
HEALTH SERVICES DIRECTOR
CHRIS FARNITANO, MD THE DIRECTOR
HEALTH OFFICER 1220 Morello,Suite 200
CONTRA COSTA Martinez,CA 94553
HEALTH SERVICES Ph (925)957-2679
Fax (925)957-2651
RECOMMENDATIONS FOR SAFELY HOLDING PUBLIC MEETINGS
Each local government agency is authorized to determine whether to hold public meetings in person,
online (teleconferencing only), or via a combination of methods.The following are recommendations
from Contra Costa County Health Services to minimize the risk of COVID-19 transmission during a public
meeting:
1. Online meetings (teleconferencing meetings) are strongly recommended as those meetings
present the lowest risk of transmission of SARS-CoV-2,the virus that causes COVID-19.
2. If a local agency determines to hold in-person meetings, offering the public the opportunity to
attend via a call-in option or an internet-based service option is recommended,when possible,
to give those at higher risk of and/or higher concern about COVID-19 an alternative to
participating in person.
3. A written safety protocol should be developed and followed. It is recommended that the
protocol require social distancing—i.e., six feet of separation between attendees—and face
masking of all attendees.
4. Seating arrangements should allow for staff and members of the public to easily maintain at
least six-foot distance from one another at all practicable times.
5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor
airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events
outdoors also may make it easier to space staff and members of the public at least six feet apart.
6. Current evidence is unclear as to the added benefit of temperature checks in addition to
symptom checks. We encourage focus on symptom checks as they may screen out individuals
with symptoms but no fever and help reinforce the message to not go out in public if you are
not feeling well.
7. Consider a voluntary attendance sheet with names and contact information to assist in contact
tracing of any cases linked to a public meeting.
Chris Farnitano, MD
Health Officer, Contra Costa County
Revised 9.20.2021
1.
i' •Contra Costa Behavioral Health Services•Contra Costa Emergency Medical Services•Contra Costa Environmental Health&Hazardous Materials Programs
•Contra Costa Health,Housing&Homeless Services•Contra Costa Health Plan•Contra Costa Public Health•Contra Costa Regional Medical Center&Health Centers
" °"�September 30, 2021 Special Board Meeting Agenda Packet- Page 7 of 15
Item 1. (Handout)
Attachment 2
(Amended)
RESOLUTION NO. 2021-052
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
AUTHORIZING TELECONFERENCE MEETINGS UNDER ASSEMBLY BILL 361
EFFECTIVE OCTOBER 1, 2021
WHEREAS, on March 4, 2020, Governor Gavin Newsom proclaimed the existence of a
state of emergency in California under the California Emergency Services Act, Gov. Code
§ 8550 et seq.; and
WHEREAS, on March 13, 2020, the General Manager, as the designated Director of
Emergency Services for the Central Contra Costa Sanitary District (Central San),
executed Resolution 2020-014, proclaiming the existence of a local emergency arising out
of the COVID-19 pandemic; and
WHEREAS, On March 17, 2020, Governor Newsom issued Executive Order N-29-20
(Executive Order), which suspended the teleconferencing rules set forth in the California
Open Meeting law, Government Code section 54950 et seq. (the Brown Act), provided
certain requirements were met and followed; and
WHEREAS, on March 19, 2020, the Board of Directors began conducting its meetings by
teleconference in accordance with the said Executive Order, and, by unanimous vote,
formally adopted Resolution 2020-014, in effect ratifying the General Manager's prior
action taken on March 13, 2020; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which
clarified the suspension of the teleconferencing rules set forth in the Brown Act and further
provided that those provisions would remain suspended through September 30, 2021; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361, which
provides that under Government Code section 54953(e), a legislative body subject to the
Brown Act may continue to meet using teleconferencing without complying with the non-
emergency teleconferencing rules in Government Code section 54953(b)(3) if a
proclaimed state of emergency exists and state or local officials have imposed or
recommended measures to promote social distancing; and
WHEREAS, on September 20, 2021, the Contra Costa (�"a vc�un-cyrureealth nOffiGermeasures to premete SOGial cscica
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WHEREAS, on September 20, 2021, the Contra Costa County Health Officer issued
recommendations for safely holding public meetings that include recommended
measures to promote social distancing; and
Central Contra Costa Sanitary District
Resolution No. 2021-052
Page 2 of 3
WHEREAS, among the Health Officer's recommendations: (1) on-line meetings
(teleconferencing meetings) are strongly recommended as those meetings present the
lowest risk of transmission of SARS-CoV-2, the virus that causes COVID-19; (2) if a local
agency determines to hold in-person meetings, offering the public the opportunity to
attend via a call-in option or an internet-based service option is recommended when
possible to give those at higher risk of an/or higher concern about COVID-19 an
alternative to participating in person; (3) a written safety protocol should be developed
and followed, and it is recommended that the protocol require social distancing — i.e., six
feet of separation between attendees — and face masking of all attendees; (4) seating
arrangements should allow for staff and members of the public to easily maintain at least
six-foot distance from one another at all practicable times; and
WHEREAS, the California Department of Public Health (CDPH) and the federal Centers
for Disease Control and Prevention (CDC) caution that the Delta variant of COVID-19, is
more transmissible than prior variants of the virus, may cause more severe illness, and
even fully vaccinated individuals can spread the virus to others resulting in rapid and
alarming rates of COVID-19 cases and hospitalizations; and
WHEREAS, in the interest of public health and safety, as affected by the emergency
caused by the spread of COVID-19, Central San intends to invoke the provisions of
Assembly Bill 361 related to teleconferencing.
NOW, THEREFORE, BE IT RESOLVED by the Central San Board of Directors as follows:
THAT Central San finds that the Contra Costa County Health Officer has strongly
recommended that public meetings be held by teleconferencing as those meetings
present the lowest risk of transmission of SARS-CoV-2, the virus that causes COVID-19;
and
THAT Central San finds that meeting in person for meetings of the Board of Directors
would present imminent risks to the health or safety of attendees because the case rate
of COVID-19 infections in the County is in the "high" community transmission tier, the
most serious of the CDC's community transmission tiers; and
THAT, as authorized by Assembly Bill 361, Central San will use teleconferencing for its
meetings in accordance with the provisions of Government Code section 54953(e); and
THAT staff is authorized and directed to take all actions necessary to implement the
intent and purpose of this resolution, including conducting open and public meetings in
accordance with Government Code section 54953(e) and all other applicable provisions
of the Brown Act; and
THAT staff is directed to return no later than 30 days after this resolution is adopted with
an item for the Central San Board of Directors to consider whether to continue meeting
under the provisions of Assembly Bill 361.
Central Contra Costa Sanitary District
Resolution No. 2021-052
Page 3 of 3
PASSED AND ADOPTED this 30th day of September 2021, by the Board of Directors of
Central San by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Tad J. Pilecki
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Katie Young
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm, Esq.
Counsel for the District