Skip to main content

AgendaQuick™

View Agenda Item

Back to View Meetings Back to Agenda
Next Item
  
Item No. 2. 
MEETING DATE: 01/18/2022
 
TO: HONORABLE MAYOR AND COUNCILMEMBERS
 
FROM: JIM SADRO, CITY MANAGER
By:  Laurie Swindell, CMC, City Clerk
 
SUBJECT:
APPROVE RESOLUTIONS REGARDING THE CONDUCT OF REMOTE "TELEPHONIC" MEETINGS DURING A STATE OF EMERGENCY

RECOMMENDATION:


That the City Council:
A.  APPROVE AND ADOPT RESOLUTION NO. _______ ENTITLED:  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE LEGALLY REQUIRED FINDINGS TO AUTHORIZE THE CONDUCT OF REMOTE “TELEPHONIC” MEETINGS DURING THE STATE OF EMERGENCY; and

B.  APPROVE AND ADOPT RESOLUTION NO. ______ ENTITLED:  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE LEGALLY REQUIRED FINDINGS TO CONTINUE TO AUTHORIZE THE CONDUCT OF REMOTE “TELEPHONIC” MEETINGS DURING THE STATE OF EMERGENCY.
 

DISCUSSION:

On Friday, September 17, 2021, the Governor signed AB 361, which allows local agencies to conduct remote (“Zoom”) meetings during a declared state of emergency, provided local agencies comply with specified requirements. Absent this legislation, local agencies would have been required to return to traditional meetings beginning on October 1, 2021. Starting October 1, 2021, and running through the end of 2023, to participate in remote meetings, public agencies must comply with the requirements of new subsection (e) of Government Code section 54953.

Initial Remote Meeting

For the first remote public meeting of a legislative body on or after October 1, 2021, such meeting is only allowed if it is during a state of emergency proclaimed by the Governor, and at least one of the following is true: 
  1. “[S]tate or local officials have imposed or recommended measures to promote social distancing”; or,
  2. The legislative body is holding a meeting for the purpose of determining “whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.”  That is, the legislative body will be determining whether there is such risk; and,
  3. By “majority vote” the legislative body determined that “as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.”  That is, the legislative body already determined there is such risk. 
Attachment 1 to this staff report contains the proposed resolution making the necessary findings to hold the first remote meeting after October 1, 2021. This resolution also makes the necessary findings for all subordinate legislative bodies of the City, such as the Planning Commission, Planning Commission, and Beautification Committee, so these bodies can also meet remotely, if they so choose.
 

Subsequent Remote Meetings

Any time after the first remote meeting of the legislative body, it can meet remotely if both of the following apply:
  1. State/local emergency/social distancing.  Either:
    1. “a state of emergency remains active”; or,
    2. “state or local officials have imposed or recommended measures to promote social distancing”; and,
  1. Within the last 30 days (which vote may occur at that meeting) the legislative body has made the following findings by majority vote “(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing.” 
Subsection (e)(3) states that after the legislative body makes this determination, the legislative body must make this determination “every 30 days thereafter.”  Attachment 2 to this staff report contains the proposed resolution making the necessary findings to hold ongoing remote meeting after the initial remote meeting held after October 1, 2021. This resolution also makes the necessary findings for all subordinate legislative bodies of the City, such as the Planning Commission, Community Services Commission, and Beautification Committee, so these bodies can also continue to meet remotely on an ongoing basis, should they so choose.

FISCAL IMPACT/SOURCE OF FUNDING:

There is no fiscal impact associated with this action.

GENERAL PLAN RELEVANCE:

ED 9.1 Balanced Fiscal Practices

Attachments