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Home My WebLink About12. Consider a resolution to renew findings of local emergency and conduct meetings under AB361 guidelines for the month of November 2021 Page 1 of 8 Item 12. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: OCTOBER 21, 2021 SUBJECT: CONSIDER ADOPTI NG A RESOLUTION (PROVIDED AS RESOLUTION NO. 2021-076) THAT REAUTHORIZES THE USE OF TELECONFERENCE/HYBRID PARTICIPATION FOR BOARD AND COMMITTEE MEETINGS, PURSUANT TO BROWN ACT PROVISIONS PROVI DED UNDER ASSEMBLY BI LL 361, FOR THE MONTH OF NOVEMBER 2021 SUBMITTED BY: INITIATING DEPARTMENT: KENTON 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 that make specific findings that authorizes the continuation of teleconferencing and virtual/hybrid meetings, for a 30-day period, and each 30-day period thereafter. Pursuant to the provisions provided under the bill, the Board made those findings with adoption of Resolution 2021-052 on September 30, 2021 for the month of October 2021. The Board must renew its the findings in order to continue virtual/hybrid meetings according to the same protocols for another 30-days, or return to in person or hybrid meetings with the more restrictive criteria set forth in AB 361. 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 October 21, 2021 Regular Board Meeting Agenda Packet- Page 129 of 382 Page 2 of 8 by the previous Executive Brown Act Orders. I n order for the Board to continue virtual/hybrid meetings under the emergency provisions in AB 361 the Board must make the following findings by majority vote every 30 days to continue using the bill's exemption to the more restrictive 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 recommends continued use of holding virtual meetings for the immediate future so long as the State's Declaration of the COVI D Emergency remains in place and a public agency makes the finding every 30 days that the Contra Costa Health Services Department continue to recommend social distancing. Neither the County or the County Health Services Department is mandating continued use of teleconference or online public meetings, so the Board must make its own determination and findings if it seeks to continue with virtual/hybrid meetings under the relaxed teleconferencing protocols. If the Board seeks to transition back to more traditional in person meetings, the attached "Recommendations" set forth a number of social distancing directives that should be followed. Proposed Resolution 2021-076 (Option A) is provided for your convenience if the Board seeks to extend the use of virtual/hybrid meetings for an additional 30 days. The attached proposed resolution refers to both Board and Board Committee meetings. However, the Board could choose to extend the more relaxed virtual/hybrid protocols for either or both Committee and Board meetings.A modified resolution is provided as Resolution 2021-076 (Option B), represented for Board Committees only. ALTERNATIVES/CONSIDERATIONS The Board could choose not to adopt the proposed resolution or modify it to address only Committee or Board meetings. 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 November 1, 2021, and take one of the following actions: 1. Adopt the proposed resolution (Option A)which renews findings of the safety and health of participants and to conduct virtual/hybrid meetings pursuant to Brown Act provisions provided under AB 361 for the month of November 2021, and replace Resolution 2021-052 (enacted for October 2021)on November 1; or October 21, 2021 Regular Board Meeting Agenda Packet- Page 130 of 382 Page 3 of 8 2. Adopt a modified resolution (Option B)that addresses only Board Committee or Board Meetings (presented for Board Committees); or 3. 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.a. Proposed Resolution (Option A)for all Board/Committee Meetings 2.b. Proposed Resolution (Option B)for Board Committees only October 21, 2021 Regular Board Meeting Agenda Packet- Page 131 of 382 Page 4 of 8 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 " °"�October 21, 2021 Regular Board Meeting Agenda Packet- Page 132 of 382 Page 5 of 8 Attachment 2 (Option A for All Board and Committee Meetings) RESOLUTION NO. 2021-076 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT REAUTHORIZING REMOTE TELECONFERENCE/HYBRID MEETINGS UNDER ASSEMBLY BILL 361 EFFECTIVE NOVEMBER 1, 2021 WHEREAS, the Central Contra Costa Sanitary District (Central San) is committed to preserving and nurturing public access and participation in meetings of the Board of Directors; and 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 remains in effect; 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 County Health Officer issued recommendations for safely holding public meetings that include recommended measures to promote social distancing, and remains in effect; and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, the Board of Directors adopted Resolution 2021-052 on September 30, 2021, that allowed for virtual/hybrid Board and Committee meetings pursuant to the provisions under AB 361 for the month of October 2021; and WHEREAS, as a condition of extending the use of the provisions under AB 361, the Board of Directors must reconsider the circumstances of the state of emergency that exists within the County; and WHEREAS, as a consequence of the state of emergency persisting, the Board of Directors does hereby find that Central San shall continue to conduct their meetings by virtual/hybrid method in compliance with AB361 for the month of November 2021. 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 continues to recommend that public meetings be held by teleconferencing as those meetings present the lowest risk of transmission of SARS-CoV-2 and continues to require social distancing; and THAT, as authorized by Assembly Bill 361, Central San will continue to 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 October 21, 2021 Regular Board Meeting Agenda Packet- Page 133 of 382 Page 6 of 8 Central Contra Costa Sanitary District Resolution No. 2021-076 (Option A) Page 2 of 2 THAT Resolution 2021-052 would be replaced by this Resolution on November 1, 2021. PASSED AND ADOPTED this 21 st day of October 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 October 21, 2021 Regular Board Meeting Agenda Packet- Page 134 of 382 Page 7 of 8 Attachment 2 (Option B for Board Committee Meetings) RESOLUTION NO. 2021-076 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT REAUTHORIZING REMOTE TELECONFERENCE/HYBRID MEETINGS UNDER ASSEMBLY BILL 361 FOR [BOARD COMMITTEE] MEETINGS EFFECTIVE NOVEMBER 1, 2021 WHEREAS, the Central Contra Costa Sanitary District (Central San) is committed to preserving and nurturing public access and participation in meetings of the Board of Directors; and 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 remains in effect; 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 County Health Officer issued recommendations for safely holding public meetings that include recommended measures to promote social distancing, and remains in effect; and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, the Board of Directors adopted Resolution 2021-052 on September 30, 2021, that allowed for virtual/hybrid Board and Committee meetings pursuant to the provisions under AB 361 for the month of October 2021; and WHEREAS, as a condition of extending the use of the provisions under AB 361, the Board of Directors must reconsider the circumstances of the state of emergency that exists within the County; and WHEREAS, as a consequence of the state of emergency persisting, the Board of Directors does hereby find that Central San shall continue to conduct its [Board Committee] meetings by virtual/hybrid method in compliance with AB361 for the month of November 2021. 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 continues to recommend that public meetings be held by teleconferencing as those meetings present the lowest risk of transmission of SARS-CoV-2 and continues to require social distancing; and THAT, as authorized by Assembly Bill 361, Central San will continue to use teleconferencing for its [Board Committee] 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 October 21, 2021 Regular Board Meeting Agenda Packet- Page 135 of 382 Page 8 of 8 Central Contra Costa Sanitary District Resolution No. 2021-076 (Option B) Page 2 of 2 THAT Resolution 2021-052 would be replaced by this Resolution on November 1, 2021. PASSED AND ADOPTED this 21 st day of October 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 October 21, 2021 Regular Board Meeting Agenda Packet- Page 136 of 382