Report Prepared by: Stephanie R. Dietz, City Manager
Title
SUBJECT: Adoption of a Resolution Making Findings to Hold City Council, Commission, and Committee Meetings Using a Combination of In-Person/Virtual (Hybrid) Meetings Under Assembly Bill (AB) 361
REPORT IN BRIEF
That the City Council finds that during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, the City Council and all commission and committee meetings will be held as hybrid meetings, allowing for direction on format elements. Also included, is the opportunity to discuss the format of future meetings during the recent Omicron surge.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2022-04, a Resolution of the City Council of the City of Merced, California, making findings consistent with the requirements of AB 361 to allow for in-person/virtual (hybrid) public meetings; and,
B. Providing staff direction on the format of future City Council, Commission and Committee meetings during the recent Omicron surge.
Body
ALTERNATIVES
1. Approve, as recommended by staff; or,
2. Approve, with modifications; or,
3. Deny the request completely; or,
4. Refer to staff for reconsideration of specific items as requested by Council; or,
5. Continue to a future City Council meeting (date and time to be specified in the motion).
AUTHORITY
Merced City Charter section 200.
DISCUSSION
Governor Newsom signed AB 361 into law on September 16, 2021 to become effective on October 1, 2021. AB 361 extends the provisions of the Governor’s Executive Order N-29-20 and Executive Order N-35-20 and is effective until January 1, 2024. AB 361 amends sections of the Brown Act to allow legislative bodies to continue to hold teleconference meetings during a state of emergency if the legislative body finds that as a result of the proclaimed state of emergency, meeting in person would present imminent risks to the health or safety of attendees.
To implement remote meetings under AB 361, one of the following three criteria must be met at the time a city is holding a meeting during a proclaimed state of emergency by the Governor within its jurisdictional boundaries:
- State or local officials have imposed or recommended measures to promote social distancing; or
- For the purpose of determining, by majority vote, whether as a result of the state of emergency, meeting in person would present imminent risks to the health or safety of attendees; or
- The City Council has previously determined, by majority vote, that, as a result of the state of emergency, meeting in person would present imminent risks to the health or safety of attendees.
In other words, a city can meet remotely or using a combination of in-person/virtual (hybrid) platform under AB 361 during a declared state of emergency by the Governor via Government Code §§ 54953(e) et seq. Based on the above criteria, the City Council is being asked to adopt the attached resolution by majority vote thereby establishing the grounds for continuing with remote meeting procedures.
The City Council must make these findings every 30 days for as long as the City is conducting virtual meetings.
In addition, due to the recent Omicron surge, City staff have received requests updates on the future format of Council, Commission and Committee meetings. This item will allow for the City Council to discuss format options and provide staff direction to follow during the next four to eight weeks. If the Council chooses to close in-person public attendance to Council, Commission and Committee meetings, the public will have the opportunity to do virtual live call ins per the AB 361 requirements.
IMPACT ON CITY RESOURCES
None.
ATTACHMENTS
1. Resolution 2022-04