Renew 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, and discuss options for public participation at future in-person meetings

Renew 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, and discuss options for public participation at future in-person meetings.

None.

The recommended action is required by Assembly Bill 361 to continue meeting remotely during a declared state of emergency. The Commission has been meeting remotely pursuant to AB 361 since October 28, 2021. Some Commissioners returned to meeting in person on June 30, 2022, with various measures to minimize in-person attendance and to provide options for continued public participation via ZOOM. Renewing the AB 361 findings is nonetheless appropriate and, if adopted, the findings will allow the Commission to continue to participate remotely if needed or desired. 

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.

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; 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. All of these facts remain applicable presently even though the local case rate has decreased significantly. Altogether, staff believe the Commission can appropriately make the findings necessary to allow continued implementation of AB 361.

Finally, continuing to authorize remote meetings pursuant to AB 361 does not require the Commission to meet remotely, it merely allows one or Commissioners to do so as necessary or convenient. Staff anticipate that going forward, most or all Commissioners and essential staff will attend meetings in person and members of the public will likely choose to participate remotely for the sake of convenience. 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. County staff has also taken reasonable precautions in the Board Chambers, such as adding HEPA filtration to ensure filtration of air to remove viral particles.

NOTE: The Governor has announced that California's current COVID-19 state of emergency will end February 28, 2023. Agencies will no longer be able to trigger Assembly Bill 361's remote meeting procedures in reliance on that emergency. This meeting will be the Commissions last meeting under the directive of AB 361.