SR 02-08-2022 3D
City Council
Report
City Council Meeting: February 8, 2022
Agenda Item: 3.D
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To: Mayor and City Council
From: Joseph Lawrence, Interim City Attorney, City Attorney's Office, Administration
Subject: Adoption of a Resolution Making Findings Required by AB 361 Relating to
Teleconference Meetings
Recommended Action
Staff recommends that Council adopt a resolution making the findings required by
AB 361 to continue teleconference meetings of the City Council and City Boards,
Commissions, and Task Forces through March 10, 2022.
Discussion
AB 361 authorizes public agencies to conduct meetings by teleconference,
including video conference, without compliance with all of the Brown Act’s
limitations on such meetings, while a state of emergency resulting from the
COVID-19 pandemic remains active and state or local officials have imposed or
recommended measures to promote social distancing.
Initial reliance on AB 361 required the following: (1) there must be a proclaimed
state of emergency; and (2) one of the following circumstances exist – (a) state or
local officials have imposed or recommended measures to promote social
distancing; or (b) the legislative body has determined by majority vote that, as a
result of the emergency, meeting in person would present imminent risk to the
health or safety of attendees. See Government Code Section 54953(e)(1)
(citations are to the Government Code). Both these conditions are presently
satisfied. The Governor’s State of Emergency Declaration, issued on March 4,
2020, and the City’s declaration of a local emergency issued March 13, 2020, as
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supplement and modified, remain in place and have not been lifted. And, the Los
Angeles County Department of Public Health continues to recommend social
distancing as one measure to reduce the spread of COVID-19.
Once the initial invocation of AB 361 is made, continued reliance on AB 361 for
subsequent meetings requires the following: (1) either the proclaimed state of
emergency remains active or state or local officials have imposed or
recommended measures to promote social distancing; and (2) not later than 30
days after teleconferencing for the first time under the AB 361 rules, and every 30
days thereafter, the legislative body, by majority vote, finds that it has
reconsidered the circumstances of the emergency and at least one of the following
circumstances exists – (a) the state of emergency continues to directly impact the
ability of the members to meet safely in person or (b) state or local officials
continue to impose or recommend measures to promote social distancing. See
Section 54953(e)(3).
If a public agency invokes AB 361, the notice and participation requirements for
teleconferenced meetings are as follows: (1) each notice of the meeting and
agenda must identify the means by which members of the public may access the
meeting and offer public comment by either a call-in option or an internet-based
service option; (2) teleconferenced meetings must be conducted in a manner that
protects the statutory and constitutional rights of the parties and the public
appearing before the legislative body; (3) public comments cannot be required to
be submitted in advance of the meeting (though this may remain an option); (4)
the public must be able to attend the meeting via call-in option or internet-based
service option; (5) the public must have an opportunity to address the legislative
body directly and offer comment in real time via call-in option or internet-based
service option; (6) if there is a disruption that prevents the public agency from
broadcasting the meeting using the call-in option or internet-based service option,
or if there is a disruption within the public agency’s control that prevents members
of the public from offering public comments using the call-in option or internet-
based service option, the legislative body shall take no further action on items
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appearing on the agenda until public access to the meeting via the call-in option or
internet-based service option is restored; and (7) where, as in Santa Monica, the
legislative body does not provide a timed public comment period but takes public
comment separately on each agenda item, it shall allow a reasonable amount of
time per agenda item to allow public members the opportunity to provide public
comment, including time for members of the public to be recognized for the
purpose of providing public comment. See Section 54953(e)(2).
In light of AB 361, the continuing COVID-19 emergency, the continuing
recommendations by the Los Angeles County Department of Public Health of
social distancing as one mechanism for preventing the spread of COVID-19, and
the continued threats to health and safety posed by indoor public meetings with
large attendance, staff recommends that Council adopt the proposed resolution
making the findings required to initially invoke AB 361. Doing so will allow City
Council and City Board, Commission, and Task Force meetings to continue to
occur by teleconference after the February 8, 2022, City Council meeting through
March 10, 2022, without compliance with the teleconferencing requirements set
out in Section 54953(b)(3) that would otherwise apply. The procedures currently
set up for City Council meetings, which provide for public attendance and
comment through a call-in or internet-based service option, satisfy the
requirements of AB 361. The City Clerk will work with City Boards, Commissions,
and Task Forces to ensure that their meeting procedures for all meetings
conducted after February 8, 2022, similarly comply with the requirements of AB
361. Continued reliance on AB 361 will require the Council to adopt a new
resolution making required findings every 30 days.
Fiscal Impacts
Budget for conduct of Council and City Board, Commission, and Task Force
meetings is included in the FY 2021-22 budget.
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Prepared By: Bradley Michaud, Legal Operations Coordinator
Approved
Forwarded to Council
Attachments:
A. RES-AB361 Findings-2.8.22
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City Council Meeting: February 8, 2022 Santa Monica, California
RESOLUTION NUMBER _________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA MAKING FINDINGS AS REQUIRED BY AB 361
TO PERMIT COUNCIL AND CITY BOARD, COMMISSION, AND TASK FORCE
MEETINGS TO CONTINUE TO BE CONDUCTED BY TELECONFERENCE WHILE
THE COVID-19 EMERGENCY REMAINS IN PLACE
WHEREAS international, national, state, and local health and governmental
authorities are responding to an outbreak of respiratory disease caused by a novel
coronavirus named “SARS-CoV-2,” and the disease it causes has been named
“coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a
state of emergency to make additional resources available, formalize emergency
actions already underway across multiple state agencies and departments, and help the
State prepare for broader spread of COVID-19; and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors
and Department of Public Health declared a local emergency and local public health
emergency to aid the regional healthcare and governmental community in responding to
COVID-19; and
WHEREAS, on March 13, 2020, the President of the United States of America
declared a national emergency and announced that the federal government would make
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emergency funding available to assist state and local governments in preventing the
spread of and addressing the effects of COVID-19; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of
Emergency Services, (“Director of Emergency Services”) issued an Executive Order of
the Director of Emergency Services of the City of Santa Monica Declaring the Existence
of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to
Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual
aid and an effective response to COVID-19 and this local emergency was restated on
March 14, 2020, through a revised declaration of local emergency to ensure compliance
with all digital signature requirements (“Revised Executive Order”); and
WHEREAS, the Governor’s March 4, 2021 declaration of a state of emergency
based on the COVID-19 pandemic remains in place; and
WHEREAS, the Proclamation of Existence of a Local Emergency issued by the
Director of Emergency Services on March 13, 2020, has been ratified by the City
Council on March 19, April 6, April 14, May 12, May 26, June 9, June 23, July 14, July
28, September 8, October 27, 2020, and December 15, 2020, and January 26, March
23, effective May 22, July 13, August 24, 2021, October 26, 2021,and December 7,
2021, with the result that the proclamation of a local emergency based on the COVID-
19 pandemic remains in place; and
WHEREAS, throughout the emergency resulting from the COVID-19 pandemic,
the Los Angeles County Department of Public Health (“LACDPH”) has issued a series
of Health Officer Orders containing mandates and recommendations for keeping safe
and preventing the spread of COVID-19; the most recent Health Officer Order, issued
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September 17, 2021, states that all individuals and business are strongly urged to follow
the LACDPH Best Practice Guidance, containing health and safety recommendations
for COVID-19; the LACDPH Best Practice Guidance for individuals titled “COVID-19:
Reducing Risk, Keeping Safe & Preventing Spread,” in a section titled “How to Reduce
the Risk of COVID-19,” states “Keep your distance. Use two arms lengths as your
guide (about 6 feet) for social distancing with people outside your household when you
are not sure they are fully vaccinated”; and the LACDPH Best Practices to Prevent
COVID-19, Guidance for Businesses and Employers, in a section titled “Maintain
healthy business operations,” recommends implementation of policies and practices
that support physical distancing, stating, “Whenever possible, take steps to reduce
crowding indoors and enable employees and customers to physically distance from
each other. Generally, at least 6 feet of distance (2 arm lengths) is recommended,
although this is not a guarantee of safety, especially in enclosed or poorly ventilated
spaces.”; and
WHEREAS, the Ralph M. Brown Act, Government Code Sections 54950-54963,
allows for meetings of legislative bodies of a local agency, as those terms are defined in
the Brown Act, to occur via teleconferencing subject to certain requirements, particularly
that the legislative body notice each teleconference location of each member that will be
participating in the public meeting, that each teleconference location be accessible to
the public, and that members of the public be allowed to address the legislative body at
each teleconference location, see Government Code Section 54953(b)(3); and
WEHREAS, Paragraph 3 of Executive Order N-29-20, issued by the Governor on
March 17, 2020, among other things, suspended the Brown Act requirements for
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teleconferencing, provided that notice and accessibility requirements were met, the
public was allowed to observe and address the legislative body at the meeting, and the
legislative body had a procedure for receiving and swiftly resolving requests for
reasonable accommodation for individuals with disabilities, specifying that this
suspension would remain in place during the period in which state or local public health
officials have imposed or recommended social distancing measures; and
WHEREAS, paragraph 42 of Executive Order N-08-21, issued by the Governor
on June 11, 2021, withdrew and replaced paragraph 3 of Executive Order N-29-20’s
suspension of the Brown Act requirements for teleconferencing with a similar
suspension of those requirements that it specified would remain in place only through
September 30, 2021; and
WHEREAS, on September 16, 2021, the Governor signed into law Assembly Bill
No. 361 (“AB 361”), which, until January 1, 2024, authorizes a local agency to use
teleconferencing without complying with the teleconferencing requirements imposed by
the Brown Act when a legislative body of a local agency holds a meeting during a
declared state of emergency, as that term is defined, when state or local health officials
have imposed or recommended measures to promote social distancing or when the
legislative body has determined that meeting in person would present imminent risks to
the health or safety of attendees; and
WHEREAS, AB 361 requires legislative bodies that hold teleconferenced
meetings under its abbreviated teleconferencing procedures to give notice of the
meeting and post agendas, as described, to allow members of the public to access the
meeting and address the legislative body, to give notice of the means by which
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members of the public may access the meeting and offer public comment, including an
opportunity for all persons to attend via a call-in option or an internet-based service
option, and to conduct the meeting in a manner that protects the statutory and
constitutional rights of the parties and the public appearing before the legislative body;
and
WHEREAS, AB 361 requires the legislative body to take no further action on
agenda items when there is a disruption which prevents the public agency from
broadcasting the meeting, or in the event of a disruption within the local agency’s
control which prevents members of the public from offering public comments, until
public access is restored; and
WHEREAS, AB 361 prohibits the legislative body from requiring public comments
to be submitted in advance of the meeting and specifies that the legislative body must
provide an opportunity for the public to address the legislative body and offer comment
in real time; and
WHEREAS, AB 361 prohibits the legislative body from closing the public
comment period and the opportunity to register to provide public comment, until the
public comment period has elapsed or until a reasonable amount of time has elapsed,
as specified; and
WHEREAS, when there is a continuing state of emergency, or when state or
local officials have imposed or recommended measures to promote social distancing,
AB 361 requires a legislative body to make specified findings not later than 30 days
after the first teleconferenced meeting pursuant to these provisions, and to make those
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findings every 30 days thereafter, in order to continue to meet under AB 361’s
abbreviated teleconferencing procedures; and
WHEREAS, on September 20, 2021, to avoid potential conflict between AB 361
and Executive Order N-08-21, the Governor signed Executive Order N-15-21, which
specifies that Executive Order N-08-21 continues to govern meetings of local legislative
bodies through September 30, 2021; and
WHEREAS, on September 28, 2021, October 26, 2021, November 23, 2021,
December 14, 2021, and January 11, 2022, the City Council adopted Resolution
Numbers 11362, 11378, 11384, 11390, and 11393 respectively, which made the
findings required by AB 361 to allow the City Council and all City Boards, Commissions,
and Task Forces to continue to meet under AB 361’s abbreviated teleconferencing
procedures, and authorized the City Council and all City Boards, Commissions, and
Task Forces are authorized to conduct meetings under AB 361’s abbreviated
teleconferencing procedures, without complying with the requirements set forth in
Government Code Section 54953(b)(3), subject to compliance with the requirements set
forth in Government Code Section 54953(e)(2); and
WHEREAS, in light of the continuing State and local declarations of emergency
resulting from the COVID-19 pandemic, the continuing recommendation by Los Angeles
County public health officials of measures to promote social distancing, and the
imminent risks to the health of safety of attendees at meetings conducted in person, the
City Council desires to again make the findings required by AB 361 to allow the City
Council and all City Boards, Commissions, and Task Forces to continue to meet under
AB 361’s abbreviated teleconferencing procedures.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that the State and local declarations of
emergency resulting from the COVID-19 pandemic remain in place, and that the state of
emergency continues to directly impact the ability to meet safely in person.
SECTION 2. The City Council finds that local officials, namely, the Los Angeles
County Department of Public Health, has continued to recommend measures to promote
social distancing.
SECTION 3. The City Council finds that, as a result of the emergency resulting
from the COVID-19 pandemic, in-person meetings of the City Council, or City Boards,
Commissions, or Task Forces, would present imminent risks to the health and safety of
attendees, including in particular, members of the public attending such meetings.
SECTION 4. As a result of the findings in Sections 1 through 3 above, the City
Council and all City Boards, Commissions, and Task Forces are authorized to conduct
meetings under AB 361’s abbreviated teleconferencing procedures, without complying
with the requirements set forth in Government Code Section 54953(b)(3), subject to
compliance with the requirements set forth in Government Code Section 54953(e)(2).
SECTION 5. If any section, subsection, sentence, clause, or phrase of this
Resolution is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Resolution. The City Council hereby declares that it would have passed
this Resolution and each and every section, subsection, sentence, clause, or phrase not
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declared invalid or unconstitutional without regard to whether any portion of this Resolution
would be subsequently declared invalid or unconstitutional.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
JOSEPH LAWRENCE
Interim City Attorney
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