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Home My WebLink About10. Consider renewal of findings to conduct Board/Committee meetings underAB 361 guidelines effective December 16, 2022 Page 1 of 4 Item 10. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: DECEMBER 15, 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 DECEMBER 16, 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 December 1, 2022; however, as the provisions apply to a 30-day limit and a conflict with the Board meeting schedule to revisit in a linear fashion, this issue is being brought forth at this meeting in order to provide an appropriate extension until the first scheduled meeting in J anuary. 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. 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. 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: December 15, 2022 Regular Board Meeting Agenda Packet- Page 58 of 145 Page 2 of 4 • 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 November 17, 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 latest County Health recommendations is attached for informational purposes. The County Board of Supervisors last considered and adopted these provisions at its November 29, 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 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. 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 December 16, 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). December 15, 2022 Regular Board Meeting Agenda Packet- Page 59 of 145 Page 3 of 4 ATTACHMENTS: 1. County Health Recommendation issued 11-17-22 December 15, 2022 Regular Board Meeting Agenda Packet- Page 60 of 145 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 November 17, 2022 in Covid-19 case rate,test positivity, Covid-19 hospitalizations, and Covid-19 wastewater surveillance are increasing. 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 11-17-2022 Sefa[Cnniit 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 December 15, 2022 Regular Board Meeting Agenda Packet- Page 61 of 145