CC 1-17-2023 Item 9 Amended Staff Report_AB361 Continued Remote Meetings Jan 17 - Feb 16_Desk Item
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CITY COUNCIL STAFF REPORT
Meeting: January 17, 2023
Subject
Consider adopting a resolution authorizing continued remote teleconference meetings of
the legislative bodies of the City of Cupertino for the period January 17, 2023 through
February 16, 2023 pursuant to the Brown Act, as amended by AB 361
Recommended Action
Consider adopting a resolution authorizing continued remote teleconference meetings of
the legislative bodies of the City of Cupertino for the period January 17, 2023 through
February 16, 2023 pursuant to the Brown Act, as amended by AB 361
Background
On March 2, 2020, Governor Newsom declared a state of emergency due to the public
health threat posed by COVID-19. On March 4, 2020, Governor Newsom issued Executive
Order No-29-20, which suspended certain elements of the Brown Act and specifically
allowed legislative bodies to hold meetings entirely electronically with no physical
meeting. In accordance with the Executive Order, the City held its first teleconference
meeting on March 24, 2020, to help stop the spread of COVID-19. On June 11, 2021,
Governor Newsom issued Executive Order No-08-21, which stated that the provisions in
Executive Order No-29-20, suspending certain elements of the Brown Act, would continue
to apply through September 30, 2021. On October 17, 2022, Governor Newsom announced
that the COVID-19 State of Emergency will end on February 28, 2023.
On September 15, 2021, Governor Newsom signed AB 361 into law, which allows state
and local agencies to continue using teleconferencing during certain state-declared
emergencies under modified Brown Act requirements. AB 361 became effective
immediately after signing due to its emergency clause and is set to sunset on January 1,
2024. Under AB 361, teleconference meetings may be held during a state of emergency if
(1) state or local officials have imposed or recommended measures to promote social
distancing, or (2) a legislative body determines by a majority vote that meeting in person
would present imminent risks to the health or safety of attendees. (Gov. Code, §
54953(e)(1).)
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To continue teleconference meetings beyond a 30-day period, AB 361 requires the Council
to make a determination that either (i) "[t]he state of emergency continues to directly
impact the ability of the members to meet safely in person, or (ii) “State or local officials
continue to impose or recommend measures to promote social distancing.” (Gov. Code, §
54953(e)(3)(B).) That determination must be reviewed each 30 days thereafter to continue
teleconference meetings. (Ibid.)
Discussion
AB 361 allows the City Council and other City legislative bodies to continue meeting
exclusively via teleconference so long as a state emergency declaration remains in place
and the statute’s conditions for permitting remote meetings are met. To continue meeting
remotely, the City Council must find that state or local officials have imposed or
recommend measures to support social distancing, or that the state of emergency
continues to directly impact the ability of the members to meet safely in person.
On December 20, 2022, Council adopted Resolution No. 22-151 affirming findings related
to AB 361 and authorizing the City Manager and legislative bodies of the City of
Cupertino to meet exclusively by teleconference in accordance with Government Code
section 54953(e)(3) and other applicable provisions of the Brown Act through January 19,
2023 (Attachment B). Council may make either or both of the permitted findings to extend
the time to allow teleconference meetings to continue. The Santa Clara County Health
Officer continues to recommend that public bodies meet remotely to the extent possible,
specifically including use of newly enacted AB 361 to maintain remote meetings under
the Ralph M. Brown Act and similar laws (Attachment C). The California Department of
Industrial Relations Revised Emergency Temporary Standards, effective May 6, 2022,
continue to require or recommend social distancing in the workplace in certain
circumstances. It is therefore recommended that Council adopt the Draft Resolution
authorizing continued teleconference meetings for the City of Cupertino’s legislative
bodies in order to protect the health and safety of all attendees and participants,
particularly those who are unvaccinated (Attachment A).
Sustainability Impact
Conducting meetings remotely has reduced paper consumption by providing electronic
access to meeting materials instead of printed materials.
Fiscal Impact
No fiscal impact.
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Prepared by: Kirsten Squarcia, City Clerk
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Draft Resolution
B – Adopted Resolution No. 22-151
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C – Health Officer Recommendation Regarding Public Governmental Meetings