HomeMy WebLinkAbout13. Consider a resolution to renew findings and conduct meetings under AB 361 guidelines for the month of December 2021 Page 1 of 6
Item 13.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: NOVEMBER 18, 2021
SUBJECT: CONSIDER ADOPTING RESOLUTION NO. 2021-080 THAT
REAUTHORIZES THE USE OF TELECONFERENCE/HYBRID
PARTICIPATION FOR BOARD AND COMMITTEE MEETINGS, PURSUANT
TO BROWN ACT PROVISIONS PROVIDED UNDER ASSEMBLY BILL
361, FOR THE MONTH OF DECEMBER 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 last made those findings with adoption of Resolution 2021-
076 on October 21, 2021 for the month of November 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
by the previous Executive Brown Act Orders.
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1 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.
The proposed resolution 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.
As of this agenda posting, the same findings remain in place.
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
December 1, 2021, and take one of the following actions:
1. Adopt the proposed resolution 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 December 2021, and replace Resolution 2021-076 (enacted for November 2021) on
December 1; or
November 18, 2021 Regular Board Meeting Agenda Packet- Page 60 of 112
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2. Do not adopt the proposed resolution and conduct meetings pursuant to the Brown Act guidelines
provided under Government Code 54953.3(b). Resolution 2021-076 would be rescinded on
December 1.
ATTACHMENTS:
1. County Health Recommendation issued 09-20-21
2. Proposed Resolution
November 18, 2021 Regular Board Meeting Agenda Packet- Page 61 of 112
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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
" °"�November 18, 2021 Regular Board Meeting Agenda Packet- Page 62 of 112
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Attachment 2
RESOLUTION NO. 2021-080
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
REAUTHORIZING REMOTE TELECONFERENCE/HYBRID MEETINGS UNDER
ASSEMBLY BILL 361 EFFECTIVE DECEMBER 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 reestablished its findings and adopted
Resolution 2021-076 on October 21, 2021, that allowed for virtual/hybrid Board and Committee
meetings pursuant to the provisions under AB 361 for the month of November 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 December 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
THAT Resolution 2021-076 would be replaced by this Resolution on December 1, 2021.
November 18, 2021 Regular Board Meeting Agenda Packet- Page 63 of 112
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Central Contra Costa Sanitary District
Resolution No. 2021-080
Page 2 of 2
PASSED AND ADOPTED this 18th day of November 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
November 18, 2021 Regular Board Meeting Agenda Packet- Page 64 of 112