HomeMy WebLinkAbout10. Consider renewal of findings pursuant to AB 361 meeting provisions for a 30-day period effective November 4, 2022 Page 1 of 6
Item 10.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: NOVEMBER 3, 2022
SUBJECT: CONSIDER RENEWAL OF FINDINGS PURSUANT TO THE BROWN ACT
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
NOVEMBER 4, 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 last reviewed
this matter and renewed its findings on October 6, 2022, and is due to reevaluate 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. Most recently, on October 17, 2022, it was announced that
Governor Newsom will cease the COVI D-19 State of Emergency on February 28, 2023, which was
selected to provide a safe phase-out period for healthcare and public partners to transition forward.
Attachment 1 provides the announcement for informational purposes.
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 COVID-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 October 4, 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.Attachment 2
provides the latest County Health recommendations for informational purposes.
The County Board of Supervisors last considered and adopted these provisions at its October 11, 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 November 4, 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. Announcement of State of Emergency Sunset issued 10-17-22
2. County Health Recommendation issued 10-04-22
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Attachment 1
Governor Newsom to End the COVI D-19 State of
Emergency
Published:Oct 17,2022
California's pandemic response saved tens of thousands of lives,protected the economy,
distributed nation-leading financial assistance and built up an unprecedented public health
infrastructure
The SMARTER Plan will maintain California's operational preparedness to support
communities and quickly respond to outbreaks
SACRAMENTO-Today,Governor Gavin Newsom announced that the COVID-19 State of
Emergency will end on February 28,2023,charting the path to phasing out one of the most
effective and necessary tools that California has used to combat COVID-19.This timeline gives
the health care system needed flexibility to handle any potential surge that may occur after
the holidays in January and February,in addition to providing state and local partners the
time needed to prepare for this phaseout and set themselves up for success afterwards.
With hospitalizations and deaths dramatically reduced due to the state's vaccination and
public health efforts,California has the tools needed to continue fighting COVID-19 when the
State of Emergency terminates at the end of February,including vaccines and boosters,
testing,treatments and other mitigation measures like masking and indoor ventilation.As the
State of Emergency is phased out,the SMARTER Plan continues to guide California's strategy
to best protect people from COVID-19.
SMARTER Plan progress update
"Throughout the pandemic,we've been guided by the science and data-moving quickly and
strategically to save lives.The State of Emergency was an effective and necessary tool that we
utilized to protect our state,and we wouldn't have gotten to this point without it,"said
Governor Newsom."With the operational preparedness that we've built up and the measures
that we'll continue to employ moving forward,California is ready to phase out this tool:'
To maintain California's COVID-19 laboratory testing and therapeutics treatment capacity,the
Newsom Administration will be seeking two statutory changes immediately upon the
Legislature's return:1)The continued ability of nurses to dispense COVID-19 therapeutics;and
2)The continued ability of laboratory workers to solely process COVID-19 tests.
"California's response to the COVID-19 pandemic has prepared us for whatever comes next.As
we move into this next phase,the infrastructure and processes we've invested in and built up
will provide us the tools to manage any ups and downs in the future,"said Secretary of the
California Health&Human Services Agency,Dr.Mark Ghaly."While the threat of this virus is
still real,our preparedness and collective work have helped turn this once crisis emergency
into a manageable situation."
Throughout the pandemic,Governor Newsom,the Legislature and state agencies have been
guided by the science and data to best protect Californians and save lives-with a focus on
those facing the greatest social and health inequities-remaining nimble to adapt mitigation
efforts along the way as we learned more about COVID-19.The state's efforts to support
Californians resulted in:
• Administration of 81 million vaccinations,distribution of a billion units of PPE throughout
the state and processing of 186 million tests.
• Allocation of billions of dollars to support hospitals,community organizations,frontline
workers,schools and more throughout the pandemic.
• The nation's largest stimulus programs to support people hardest hit by the pandemic-
$18.5 billion for direct payments to Californians,$8 billion for rent relief,$10 billion for small
business grants and tax relief,$2.8 billion to help with overdue utility bills,and more.
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California's pandemic response efforts have saved tens of thousands of lives,kept people out
of the hospital and protected the economy:
• California's death rate is the lowest amongst large states.If California had Texas'death rate,
27,000 more people would have died here.If California had Florida's rate,that figure jumps
to approximately 56,000 more deaths.
• In only the first ten months of vaccines being available,a study showed that California's
efforts saved 20,000 lives,kept 73,000 people out of the hospital and prevented 1.5 million
infections.
• California's actions during the pandemic protected the economy and the state continues to
lead the nation in creatingjobs and new business starts:
• "`Lockdown'states like California did better economically than`looser'states like Florida,
new COVID data shows,"with California's economy having contracted less than such
states-economic output shrank 3.5%on average for the U.S.,compared with 2.8%for
California.
• Since February 2021,California has created 1,628,300 new jobs-over 16%of the
nation'sjobs,by far more than any other state.By comparison,Texas created 1,133,200
jobs(11.3%of the nation's)and Florida created 787,600 jobs(7.9%of the nation's)in that
same timeframe.
• Since the beginning of 2019,data from the Bureau of Labor Statistics shows that over
569,000 businesses started in California,by far more than any other state.
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Attachment 2
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 October 4,
2022 in Covid-19 case rate,test positivity, Covid-19 hospitalizations, and COVID-19 wastewater
surveillance are decreasing, but community transmission, as noted in CDC community transmission map,
remains high. 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 10-4-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County
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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
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