Consent-General Government # 15.
Board of Supervisors
County Counsel
- Meeting Date:
- 04/12/2022
- Brief Title
- AB 361 Renewal
From:
Philip J. Pogledich, County Counsel
Staff Contact:
Philip J. Pogledich, County Counsel, x8172
Supervisorial District Impact:
Subject
Adopt a resolution renewing authorization for remote (teleconference/videoconference) meetings pursuant to Assembly Bill 361 on the basis that (a) the COVID-19 pandemic state of emergency is ongoing, and (b) meeting in person would present imminent risks to the health or safety of attendees. (No general fund impact) (Pogledich)
Recommended Action
Adopt a resolution renewing authorization for remote (teleconference/videoconference) meetings pursuant to Assembly Bill 361 on the basis that (a) the COVID-19 pandemic state of emergency is ongoing, and (b) meeting in person would present imminent risks to the health or safety of attendees.
Strategic Plan Goal(s)
Not applicable, as this is an administrative action only.
Reason for Recommended Action/Background
AB361 Findings
The recommended action is required by Assembly Bill 361 to continue meeting remotely during a declared state of emergency. The Board has been meeting remotely pursuant to AB 361 since September 28, 2021. AB 361 amended the Brown Act to add simplified procedures that make it easier to hold remote meetings during a state of emergency proclaimed by the Governor (a local emergency is insufficient). See Gov. Code § 54953(e). To meet remotely during a proclaimed emergency, the legislative body must find either of the following circumstances is present: (a) state or local officials continue to impose or recommend measures to promote social distancing; or (b) as a result of the declared emergency, the legislative body finds by majority vote that meeting in person would present imminent risks to the health or safety of attendees.
To date, the Board has relied on the social distancing recommendations of the County Health Officer in adopting AB 361 findings. Like many other county health officers, however, Dr. Sisson is no longer recommending social distancing and the Board must therefore consider the "imminent risks" finding to continue meeting remotely. The attached resolution includes facts and conclusions sufficient to support such a finding, including:
The recommended action is required by Assembly Bill 361 to continue meeting remotely during a declared state of emergency. The Board has been meeting remotely pursuant to AB 361 since September 28, 2021. AB 361 amended the Brown Act to add simplified procedures that make it easier to hold remote meetings during a state of emergency proclaimed by the Governor (a local emergency is insufficient). See Gov. Code § 54953(e). To meet remotely during a proclaimed emergency, the legislative body must find either of the following circumstances is present: (a) state or local officials continue to impose or recommend measures to promote social distancing; or (b) as a result of the declared emergency, the legislative body finds by majority vote that meeting in person would present imminent risks to the health or safety of attendees.
To date, the Board has relied on the social distancing recommendations of the County Health Officer in adopting AB 361 findings. Like many other county health officers, however, Dr. Sisson is no longer recommending social distancing and the Board must therefore consider the "imminent risks" finding to continue meeting remotely. The attached resolution includes facts and conclusions sufficient to support such a finding, including:
- Like many other facilities throughout the County, the Board Chambers were not designed to ensure that attendees can remain six feet apart to reduce the possibility of infection with the virus that causes COVID-19;
- Prior to the COVID-19 pandemic, Board meetings would often attract significant attendance and community members and staff would be in close proximity (seated or standing immediately next to one another) for up to eight hours; and
- Holding in-person meetings would encourage community members to come to County facilities to participate in local government, and some of them are likely to be at high risk for serious illness from COVID-19 and/or live with someone who is at high risk.
On these grounds, staff believe the Board can appropriately make the findings necessary to allow continued implementation of AB 361.
Looking Ahead
Looking ahead, the risks mentioned above could be reduced significantly through the implementation of technological improvements to allow hybrid meetings with limited in-person attendance, assuming (as staff expect) that such improvements reduce in-person attendance enough to allow social distancing. Staff anticipate such improvements may be available in Board Chambers in the near future and, at that point, the Board could appropriately reconsider the "imminent risk" finding and commence hybrid meetings. It is possible the April 26 or May 10 Board meetings could be held as hybrid meetings and we will work closely with the Chair and Vice-Chair to identify and announce a date of return.
Under the hybrid approach, most or all Board members and essential staff would attend in-person, and other staff and members of the public would likely choose to participate remotely for the sake of convenience. A continued decline in community case rates could also support revisiting the "imminent risk" finding in the near future. Staff would also take reasonable precautions in the Board Chambers including:
Looking Ahead
Looking ahead, the risks mentioned above could be reduced significantly through the implementation of technological improvements to allow hybrid meetings with limited in-person attendance, assuming (as staff expect) that such improvements reduce in-person attendance enough to allow social distancing. Staff anticipate such improvements may be available in Board Chambers in the near future and, at that point, the Board could appropriately reconsider the "imminent risk" finding and commence hybrid meetings. It is possible the April 26 or May 10 Board meetings could be held as hybrid meetings and we will work closely with the Chair and Vice-Chair to identify and announce a date of return.
Under the hybrid approach, most or all Board members and essential staff would attend in-person, and other staff and members of the public would likely choose to participate remotely for the sake of convenience. A continued decline in community case rates could also support revisiting the "imminent risk" finding in the near future. Staff would also take reasonable precautions in the Board Chambers including:
- Physical distancing - in a hybrid format staff would set up the Board Chambers to have physical distancing where at least every other seat for the public is out of service to ensure distance between attendees.
- Air Filtration – Staff have added HEPA filtration to the Board Chambers to ensure filtration of air to remove viral particles
Collaborations (including Board advisory groups and external partner agencies)
County Administrator, County Health Officer.
Fiscal Impact
No Fiscal Impact
Fiscal Impact (Expenditure)
- Total cost of recommended action:
- $
- Amount budgeted for expenditure:
- $
- Additional expenditure authority needed:
- $
- On-going commitment (annual cost):
- $
Source of Funds for this Expenditure
- General Fund
- $0
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Phil Pogledich | Phil Pogledich | 04/06/2022 09:03 AM |
| Phil Pogledich | Phil Pogledich | 04/06/2022 09:58 AM |
| Phil Pogledich | Phil Pogledich | 04/06/2022 01:55 PM |
- Form Started By:
- Lupita Ramirez
- Started On:
- 04/05/2022 03:26 PM
- Final Approval Date:
- 04/06/2022