HomeMy WebLinkAbout15. Consider renewing findings to conduct Board and Committee meetings under AB 361 guidelines through May 5, 2022 Page 1 of 3
Item 15.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: APRIL 7, 2022
SUBJECT: CONSIDER RENEWAL OF FINDINGS PURSUANTTO THE BROWNACT
PROVISIONS PROVIDED UNDER ASSEMBLY BILL 361 TO CONTINUE
THE USE OF TELECONFERENCE/HYBRI D PARTICI PATI ON FOR BOARD
AND BOARD COMMITTEE MEETINGS FOR THE PERIOD OF APRIL 8
THROUGH MAY5, 2022
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 the passage of Assembly Bill (AB) 361, the
Board of Directors must make specific findings that authorize the continuation of teleconferencing and use
of virtual/hybrid meetings, for a 30-day period, and each 30-day period thereafter. The Board most recently
reviewed this issue and renewed its findings on March 17, 2022, extending the period to continue
virtual/hybrid meetings according to the same protocols for another 30-days. Due to the 30-day limit and
the current Board meeting schedule, this issue is proposed to be revisited at the April 7, 2022 Board
meeting.
BACKGROUND
On September 16, 2021, Governor Newsom signed AB361 which allows local public agencies to continue
to meet remotely during the current state of emergency due to the COVI D-19 pandemic under modified
Brown Act requirements that are similar, but not identical, to the rules and procedures established by the
previous Executive Brown Act Orders.
I n order for the Board to continue virtual/hybrid meetings for the 30-day period of April 8 through May 5
under the emergency provisions in AB 361, State's Declaration of Emergency must remain in effect and
the Board must make the following findings by majority vote:
April 7, 2022 Regular Board Meeting Agenda Packet- Page 149 of 194
Page 2 of 3
• That the Board has reconsidered the circumstances of the continuing COVI D-19 emergency; and
• That the Board finds either; (i)the state of emergency continues to directly impact the ability of
members to meet safely in person or(ii) State or local officials continue to impose or recommend
social distancing measures due to COVI D-19.
In response to the passage of AB 361, the Contra Costa Health Services Department issued
"Recommendations For Safely Holding Public Meetings" on September 20, 2021, which recommended
continued use of holding virtual meetings 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. On February 2 and most recently
on March 1, 2022, the County Health Services issued updated recommendations that strongly
recommended the use of online meetings as a means of being the lowest risk of transmission of the virus
for meeting participation. It is anticipated that Contra Costa Health Services will issue some new
"Recommendations" on April 1 or shortly thereafter.Any such updated information will be provided if
received prior to the Board meeting.
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, as
outlined above, 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, recommendations set forth by
the County Health Services regarding social distancing should be followed, which include providing six feet
of separation between attendees and the availability of remote participation for members of the public.
Both Board and Board Committee meetings are subject to the same AB 361 requirements. However, the
Board could choose to extend the more relaxed virtual/hybrid protocols for either or both Committee and
Board meetings, since the difficulty to meet any continuing social distancing requirements for public
meetings may, as a practical matter, be more difficult for Board Committee meetings.
ALTERNATIVES/CONSIDERATIONS
The Board could choose not to adopt any new findings required by AB 361.
FINANCIAL IMPACTS
None at this time.
COMMITTEE RECOMMENDATION
This item was not reviewed by a Board Committee.
April 7, 2022 Regular Board Meeting Agenda Packet- Page 150 of 194
Page 3 of 3
RECOMMENDED BOARD ACTION
Consider the information presented for the manner to conduct Board and/or Board Committee
meetings effective April 8 through May 5, 2022, and take one of the following actions:
1. Renew 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 period stated, for either or both
Board and Board Committee meetings; or
2. Do not make the required findings and conduct all Board and Committee meetings pursuant to the
guidelines provided under Government Code 54953.(b).
April 7, 2022 Regular Board Meeting Agenda Packet- Page 151 of 194