HomeMy WebLinkAbout02.b. Consider renewal of findings pursuant to AB 361 meeting provisions for the balance of February 2023 Page 1 of 2
Item 2.b.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: FEBRUARY2, 2023
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 BALANCE OF FEBRUARY
2023
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 January 12, 2023; however, due to a conflict with the Board
meeting schedule to revisit in a linear fashion, this issue is being revisted in order to provide an appropriate
extension for the balance of February 2023. As of March 1, 2023, the Governor's emergency declaration
will have ceased.
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:
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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 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 last adopted these provisions at their January 10, 2023 meeting. It is
anticipated the County will extend this option through February at its next regular 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 the balance of February 2023, effective February 3, 2023, 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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