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Home My WebLink About12. Consider renewal of findings to conduct Board and Committee meetings under AB 361 guidelines for 30-days effective June 3, 2022 Page 1 of 4 Item 12. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: JUNE 2, 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 A 30-DAY PERIOD EFFECTIVE JUNE 3, 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 May 5, 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 being revisited within the allowable schedule. BACKGROUND On September 16, 2021, Governor Newsom signed AB 361 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 a 30-day period of beginning J une 3, 2022, 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: June 2, 2022 Regular Board Meeting Agenda Packet- Page 185 of 236 Page 2 of 4 • 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, March 1, April 15 and, most recently, on May 16, 2022, the County Health Services issued updated guidance that continues the recommended use of online meetings as a means of being the lowest risk of transmission of the virus for meeting participation, including social distancing of in-person participants. The May 16 update is attached for reference. At its May 24, 2022 meeting, the County Board of Supervisors reconsidered and adopted these provisions for an additional thirty days. 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. RECOMMENDED BOARD ACTION Consider the information presented for the manner to conduct Board and/or Board Committee meetings for a 30-day period effective June 3, 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 June 2, 2022 Regular Board Meeting Agenda Packet- Page 186 of 236 Page 3 of 4 2. Do not make the required findings and conduct all Board and Committee meetings pursuant to the guidelines provided under Government Code 54953.(b). ATTACHMENTS: 1. County Health Recommendation issued 05-16-22 June 2, 2022 Regular Board Meeting Agenda Packet- Page 187 of 236 Page 4 of 4 ANNA M. ROTH, RN, MS, MPH / OFFICE OF THE DIRECTOR HEALTH SERVICES DIRECTOR J'�i 1220 Morello, Suite 200 ORI TZVIELI, MD Martinez,CA 94553 553 HEALTH OFFICER � �� CONTRA COSTA Ph (925) 957-5403 HEALTH SERVICES 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, on-line (teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID 19 transmission during a public meeting. 1. Online meetings (i.e.teleconferencing meetings) are encouraged,where practical, as these meetings present the lowest risk of transmission of SARS CoV-2,the virus that causes COVID 19.This is particularly important when community prevalence rates are high. Our current trends as of May 16, 2022 in Covid-19 case rate,test positivity, and Covid-19 hospitalizations are increasing at this time. In addition to this,the predominant variant of Covid-19 being identified continues to be the Omicron variant and it's subvariants the impact of which on the spread of Covid-19 has shown to dramatically increase COVID-19 transmission. 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, where feasible—i.e. six feet of separation between attendees; and consider requiring or strongly encouraging face masking of all attendees and encouraging attendees to be up-to-date on their COVID-19 vaccine. 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 6 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 other Covid-19 symptoms besides 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. Revised 5-16-2022 Sefanit Mekuria, MD, MPH Deputy Health Officer, Contra Costa County sg�} fes ` •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 June 2, 2022 Regular Board Meeting Agenda Packet- Page 188 of 236