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Consent
Item No. 3.
MEETING DATE: 10/17/2022
 
TO: HONORABLE MAYOR AND COUNCILMEMBERS
 
FROM: JIM SADRO, CITY MANAGER
By:  Rhonda J. Barone, CMC, Assistant City Clerk
 
SUBJECT:
APPROVE A RESOLUTION REAFFIRMING THE REQUIRED FINDINGS TO CONTINUE TO ALLOW REMOTE CITY COUNCIL MEETINGS AS REQUIRED BY AB 361

RECOMMENDATION:


That the City Council:
A. Receive this report; 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 September 17, 2021, the Governor signed AB 361 into law allowing local agencies to conduct remote (e.g. “Zoom”) meetings during a declared state of emergency, provided local agencies comply with specified requirements.  Absent this legislation, local agencies would return to traditional "in-person" meetings beginning on October 1, 2021. Beginning October 1, 2021, and continuing through December 31, 2023, in order to conduct remote meetings pursuant to AB 361, 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. State 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 Resolution No. 6041, approved by City Council on January 18, 2022, 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, so these bodies can also meet remotely.
 
 

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.”  This allows legislative bodies which meet every 30 days to meet multiple times during that 30-day period without having to make the findings at every meeting.  Attachment 2 to this staff report contains the Resolution No. 6042, approved by City Council on January 18, 2022, 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, so these bodies can also continue to meet remotely on an ongoing basis. 

As required to reaffirm required findings to continue to allow remote City Council Meetings, the following were approved by City Council at the:
  • February 7, 2022, City Council Meeting Resolution No. 6046;
  • February 22, 2022, City Council Meeting Resolution No. 6048;
  • March 7, 2022, City Council Meeting Resolution No. 6053;
  • March 21, 2022, City Council Meeting Resolution No. 6054;
  • April 4, 2022, City Council Meeting Resolution No. 6056;
  • April 18, 2022, City Council Meeting Resolution No. 6057;
  • May 2, 2022, City Council Meeting Resolution No. 6058;
  • May 16, 2022, City Council Meeting Resolution No. 6060;
  • June 6, 2022, City Council Meeting Resolution No. 6062;
  • June 20, 2022, City Council Meeting Resolution No. 6068;
  • July 18, 2022, City Council Meeting Resolution No. 6078;
  • August 1, 2022, City Council Meeting Resolution No. 6079;
  • August 15, 2022, City Council Meeting Resolution No. 6081;
  • September 19, 2022, City Council Meeting Resolution No. 6083; and
  • October 3, 2022, City Council Meeting Resolution No. 6086.
Due to some months containing 31 days, and City Council regularly meeting the first and third Mondays of each month, in order to assure the 30-day determination requirement is met, it was recommended by the City Attorney to have City Council approve a resolution reaffirming required findings at each regularly scheduled City Council meeting.

FISCAL IMPACT/SOURCE OF FUNDING:

There is no fiscal impact associated with this action.

GENERAL PLAN RELEVANCE/CITY COUNCIL GOALS & OBJECTIVES:

ED 9.1 Balanced Fiscal Practices

Attachments