HomeMy WebLinkAbout08. Consider renewing findings to conduct Board and Committee meetings under AB361 guidelines effective September 2, 2022 Page 1 of 4
Item 8.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: SEPTEMBER 1, 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
SEPTEMBER 2, 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 to continue such
provisions. The Board last reviewed this matter and renewed its findings on August 4, 2022 to continue
with the same protocols for another 30-days.This issue is being revisited within the allowable schedule for
reconsideration of findings at this meeting.
BACKGROUND
Governor Newsom signed AB 361 on September 16, 2021, 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 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 that:
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• The Board has reconsidered the circumstances of the continuing COVI D-19 emergency; and
• 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 first 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 appropriate finding. Since February 2022, the County
Health Services has issued monthly guidance updates, the last issued on August 9, 2022, which have all
continued 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 County Board of Supervisors recently reconsidered and adopted these provisions for an additional
thirty days at its August 16, 2022 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 virtual/hybrid protocols for either or both meeting style.
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 September 2, 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)(3).
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ATTACHMENTS:
1. County Health Recommendation issued 08-09-22
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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 August 9,
2022 in Covid-19 case rate,test positivity, Covid-19 hospitalizations, and Covid-19 wastewater
surveillance are stable, but still remain high 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. If unable to host
outdoors, consider ways to increase ventilation and flow of the indoor space to reduce the risk of
COVID-19 while indoors.
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 8-9-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County
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