HomeMy Public PortalAbout02_5A_Remote Meeting Staff ReportMANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: September 29, 2021
TO: The Honorable City Council
FROM: Gregory Murphy, City Attorney
Bryan Cook, City Manager
SUBJECT: DISCUSSION AND POSSIBLE ADOPTION OF RESOLUTION TO ALLOW
CITY COUNCIL MEETINGS TO BE HELD REMOTELY, CONSISTENT
WITH ASSEMBLY BILL 361
RECOMMENDATION:
It is recommended that the City Council:
1.Discuss the continued use of teleconferencing or videoconferencing for Brown
Act-covered public meetings of the City Council and City commissions; and
2.Either adopt attached Resolution No. 21-5558 to authorize the continued use
of such technology for meetings for a period of 30 days or take no action.
BACKGROUND:
1.Assembly Bill 361 was recently signed by the Governor of the State of California
and went into effect immediately upon signature by the Governor.
2.The bill amends the Brown Act to allow local legislative bodies to continue having
purely virtual meetings using teleconferencing and virtual meeting technology as
long as there is a gubernatorial “proclaimed state of emergency,” with (1) state or
local officials imposing or recommending measures that promote social distancing
or (2) the legislative body finding that meeting in person would present an imminent
safety risk to attendees.
3.The key differences between existing Executive Order N-08-21, which expires
September 30, 2021, and AB 361 is that AB 361 imposes particular requirements
with respect to public comment and viewing of deliberations. Additionally, the City
must make findings and adopt via resolution by majority vote that the state of
emergency still exists and continues to directly impact the ability of the members
to meet safely in person every 30 days.
AGENDA
ITEM 5.A.
City Council
September 29, 2021
Page 2 of 4
ANALYSIS:
The City Council is asked to consider two things. The threshold issue is whether findings
can be made sufficient under AB 361. Those findings are in Resolution 21-5558,
attached as Attachment "A". Most of the findings are straightforward; the ones
particular to Temple City include whether the City Council chambers are set up in a
way to avoid a safety risk to attendees. The second issue is whether compliance with
AB 361 would be more onerous than meeting in person in a manner that would
not present a safety risk due to transmissibility of the Delta variant and current
community transmission within County of Los Angeles. As of September 27, 2021,
the community transmission in the County is ranked as “high” by the Centers for
Disease Control and Prevention. Just as Executive Order N-08-21 did, AB 361
waives the normal teleconferencing requirements per Government Code section
54953 that:
1.At least a quorum of the members of the legislative body must participate from
locations within the boundaries of the city.
2.An agenda shall be posted at all teleconference locations.
3.Each teleconference location shall be identified in the notice and agenda of the
meeting.
4.Each teleconference location shall be accessible to the public.
On the other hand, if a meeting is held via teleconference under AB 361, the following
requirements apply:
1.Notice of the meeting must still be given in compliance with the Brown Act, and
the notice must include the means by which the public may access the meeting
and provide public comment.
2.The public must be provided access to the meeting via a call-in option or
internet-based service option and allowed to “address the legislative body
directly.” The agency does not have to provide an in-person option for the public
to attend the meeting.
3.The meeting must be conducted “in a manner that protects the statutory and
constitutional rights of the parties and the public appearing before the
legislative body.”
4.If there is a disruption to the meeting broadcast or in the ability to take call-in
or internet-based public comment, no further action can be taken on agenda
items until the issue is resolved, even if this means stopping the meeting at that
point and continuing all remaining items.
City Council
September 29, 2021
Page 3 of 4
5. The body cannot require comments to be submitted before the start of the
meeting. The public must be allowed to make “real time” public comment.
6. Reasonable time for public comment must be provided. If the agency provides
a timed public comment period, the public comment period must be left open
until the time expires.
7. All votes must be taken by roll call.
8. The legislative body must approve a resolution making findings every 30 days
to continue to conduct teleconference meetings under AB 361. The body must
find it has reconsidered the circumstances of the state of emergency and either
the emergency continues to impact the ability to meet safely in person, or 2)
State or local officials continue to impose or recommend social distancing.
The two biggest changes from Executive Order N-08-21 are the requirement that public
comment cannot be required to be pre-submitted and must be left open for a “reasonable
period” to allow people to call in or join a video meeting, and the requirement that a
disruption to the meeting requires that no action be taken until the disruption is fixed, even
if that means the meeting and all remaining items must be continued. The requirement
for revisiting the matter every 30 days gives reasonable opportunity for the City Council
to consider the facts of the situation on a regular basis.
CONCLUSION:
The City Council is asked to consider the safety and procedural issues involved in
continuing to hold remote meetings pursuant to AB 361 and, if the facts so require, to
adopt Resolution No. 21-5558 to authorize the Council and Commissions to meet virtually
through October 29, 2021.
CITY STRATEGIC GOALS:
Review of this matter and direction to staff would align with the City’s strategic goal of
good governance.
FISCAL IMPACT :
There is no fiscal impact arising from this matter.
City Council
September 29, 2021
Page 4 of 4
ATTACHMENT:
A. Resolution No. 21-5558
RESOLUTION NO. 21-5558
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY PROCLAIMING THE CONTINUING NEED TO
MEET BY TELECONFERENCE
WHEREAS, the City of Temple City is committed to preserving and nurturing public
access and participation in meetings of the City Council; and
WHEREAS, all meetings of the City of Temple City’s legislative bodies are open
and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so
that any member of the public may attend, participate, and watch the City’s legislative
bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions
for remote teleconferencing participation in meetings by members of a legislative body,
without compliance with the requirements of Government Code section 54953(b)(3),
subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is proclaimed and
state or local officials have imposed or recommended measures to promote social
distancing; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency
as a result of the COVID-19 pandemic; and
WHEREAS, on March 16, 2020 the County of Los Angeles put into effect measures
requiring social distancing and other public health measures and restrictions to help
combat the COVID-19 pandemic; and
WHEREAS, the State of Emergency and social distancing and other public health
measures remain in effect; and
WHEREAS, on March 13, 2020 the City of Temple City declared a local state of
emergency as a result of the COVID-19 pandemic subsequent mitigation measures to
combat COVID-19 have remained in effect and in force; and
WHEREAS, COVID-19 continues to threaten the health and lives of Temple City
residents notwithstanding the City’s vaccination rates, with Los Angeles County still
considered to have high community transmission as of September 27, 2021 according to
the Centers for Disease Control and Prevention (CDC) due to the likelihood of
transmission between communities within the densely-packed Los Angeles region; and
WHEREAS, the Delta variant is highly transmissible in indoor settings; and
ATTACHMENT A
Resolution No. 21-5558
Page 2 of 3
LA #4841-1542-7068 v2
WHEREAS, the City of Temple City has a relatively compact City Council chambers
that does not allow for social distancing if more than 19 members of the public are present;
and
WHEREAS, even with protective shielding in the City Council chambers, the lack
of social distancing still creates a risk of transmission should City Council meetings run
their normal length of time; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Temple City that:
Section 1. Imminent Risk to Health and Safety. Due to COVID-19, holding City Council
and other legislative body meetings in person will present imminent risk to the health and
safety to attendees due to the compactness of the City Council chambers, the inability to
have sufficient social distancing, and the likelihood of transmission of COVID-19.
Section 2. Compliance With Government Code Section 54953. The City Council and other
legislative bodies will continue to meet by teleconference in accordance with Government
Code section 54953(e).
Section 3. Effective Date of Resolution. This Resolution shall take effect immediately upon
its adoption and shall be effective until the earlier of (i) 30 days from the date of adoption
of this Resolution, or (ii) such time the City Council adopts a subsequent resolution in
accordance with Government Code section 54953(e)(3) to extend the time during which
the legislative bodies of Temple City may continue to teleconference without compliance
with paragraph (3) of subdivision (b) of section 54953.
PASSED AND ADOPTED by the City Council of Temple City, this 29th day of September,
2021.
Vincent Yu, Mayor
ATTEST: APPROVED AS TO FORM:
Peggy Kuo, City Clerk Greg Murphy, City Attorney
I, City Clerk of the City of Temple City, do hereby certify that the
foregoing resolution, Resolution No. 21-5558, was duly passed, approved
Resolution No. 21-5558
Page 3 of 3
LA #4841-1542-7068 v2
and adopted at a regular meeting of the City Council of the City of Temple
City held on the 29th day of September, 2021 by the following vote:
AYES: Councilmember –
NOES: Councilmember –
ABSENT: Councilmember –
ABSTAIN: Councilmember –
Peggy Kuo, City Clerk