REPORT TO COUNCIL
SUBJECT
Title
Reconsider and Affirm Resolution No. 1089-21; and Make Findings Pursuant to Government Code Section 54953(e) (AB 361) to Continue Virtual Public Meetings for the City Council and Boards, Commissions and Council Subcommittees During the COVID-19 State of Emergency
Report
BACKGROUND
On March 17, 2020, Governor Gavin Newsom issued Executive Order No. N-29-20, which suspended portions of the Ralph M. Brown Act (California Government Code Sections 54950-54963) that limit the use of teleconferencing for public meetings; the Order was scheduled to sunset when the COVID-19 Pandemic ends. The Ralph M. Brown Act places strict requirements on local legislative bodies regarding the posting, access and physical location of voting members during public meetings.
Beginning with the March 31, 2020 Council meeting, the City has conducted public meetings utilizing teleconferencing technology to provide for members of the public, staff, and public officials (Councilmembers and board or commission members) to participate without in-person participation.
On June 11, 2021, Governor Gavin Newsom issued Executive Order No. N-08-21, which among other things rescinded his prior Executive Order No. N-29-20 and set a date of October 1, 2021 for local government agencies (local bodies) to transition back to public meetings held in full compliance with the Brown Act.
On August 10, 2021, Council provided direction regarding the format of future public meetings, including continuing virtual-only meetings as long as this model is allowable (RTC No. 21-0718).
On September 16, 2021, the Governor signed AB 361, which took effect immediately as an urgency statute. AB 361 allows for similar teleconferencing exemptions to continue after the September 30, 2021 sunset of Executive Order No. N-08-21, if one of the following circumstances applies:
1. State or local officials have imposed or recommended measures to promote social distancing.
2. The legislative body ...
Click here for full text