Report Prepared by: Stephanie R. Dietz, City Manager
Title
SUBJECT: Seeks City Council Direction to Continue the Adoption of 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, if not, to Continue the Hybrid Changes Currently in Place and to Allow for Dais Seat Assignment Direction
REPORT IN BRIEF
Seeks City Council direction on the continuation of In-Person/Virtual City Council, Commission and Committee meetings by making the necessary findings that during a proclaimed state of emergency or that state or local officials have imposed or recommended measures to promote social distancing as outlined in AB 361. Should the City Council choose not to adopt the necessary findings, staff are seeking direction on retaining any of the hybrid changes currently in place. In addition, with the City Council returning to regular assigned seating, this item allows for the discussion of future seat assignments.
RECOMMENDATION
City Council - Considers a motion:
A. Adopting Resolution 2022-13, 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 meetings including voicemails and posting of written comments; and
C. Provide staff direction on the future seat assignment of City Council Members for the remainder of 2022.
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.
Beginning on February 20, 2022 and through the following weeks, Governor Newsom began scaling back pandemic measures related to COVID-19 instituted instead a more measured, sustainable approach to surveillance and disease prevention - the SMARTER initiative. These actions included rescinding several Executive Orders related to the pandemic including ending the indoor mask mandates across the state across several sectors of the general community, including indoor settings and schools.
AB 361 requires the City Council to make findings related to social distancing, that in-person attendance would pose an imminent risk to the health and safety of attendees or that in-person meetings would present an imminent risk to the health or safety of attendees to allow remote participation by a City Council Member, absent of regular Brown Act requirements. AB 361 was originally set to expire in March of 2022 but has since been extended through January 1, 2024. In addition to AB 361, four new bills have been introduced in the legislature that could modify the way remote access for City Council Members is permitted. The pending bills are AB 1944, AB 2449, AB 2647 and SB 1100. Staff are seeking Council direction on best to continue with providing remote access for members and the public.
Should the City Council find it unnecessary to continue hybrid meetings as permitted by AB 361, staff are seeking direction on whether or not to retain the use of voicemails and of posting written comments received on the City’s website.
In addition, as City Council members return to the dais, seating assignments will need to be made for the remainder of 2022.
IMPACT ON CITY RESOURCES
None.
ATTACHMENTS
1. Resolution 2022-13