Report to Mayor and City Council
Tuesday, February 07, 2023
Consent
SUBJECT:
Title
CONSIDER ADOPTING A RESOLUTION RE-AUTHORIZING THE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY TO BE CONDUCTED VIA REMOTE TELECONFERENCING IN ACCORDANCE WITH GOVERNMENT CODE SECTION 54953(E) FOR A CONTINUED 30-DAY PERIOD (CITY COUNCIL, SUCCESSOR AGENCY, HOUSING AUTHORITY)
Body
I. SUMMARY
A number of laws have changed since the beginning of the COVID-19 pandemic related to the Brown Act and teleconferenced public meetings, first from Governor Newsom's Executive Orders and more recently from the enactment of AB 361, which took effect October 1, 2021, upon expiration of the Executive Orders.
AB 361 allows local government agencies to continue to hold remote teleconferenced meetings following expiration of the Executive Orders by complying with the alternative noticing and public participation requirements laid out in AB 361 (and codified in Gov't Code Section 54953(e)) instead of the onerous traditional Brown Act requirements on teleconferencing under Gov't Code Section 54953(b)(3), provided certain conditions are met related to the state of emergency.
As of October 1, 2021, local government agencies were obligated to either: (i) invoke AB 361 and adhere to its alternative requirements for teleconferenced meetings; or (ii) revert to traditional Brown Act compliance.
On October 5, 2021, the City Council, Successor Agency Board and Housing Authority Board invoked AB 361 by adopting joint Resolution No. 21-132, making an initial determination that the requisite conditions existed for these legislative bodies and their commissions, boards and committees that are subject to the Brown Act to conduct remote teleconference meetings under AB 361 rules. They have since conducted their meetings accordingly.
However, AB 361 provides that in order for a legislative body to continue to hold remote meetings in this manner, either the Governor's proclaimed state of emergency must remain in e...
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