Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of September 14, 2021
Title
APPROVAL OF LETTER SUPPORTING ASSEMBLY BILL 361 (RIVAS, ROBERT): OPEN MEETINGS DURING DECLARED STATE OF EMERGENCY
(City Manager Suja Lowenthal)
Body
Recommended Action:
Recommendation
Staff recommends City Council:
1. Authorize the Mayor to sign a letter of support (Attachment 1) on behalf of the City regarding Assembly Bill 361 (AB 361), which would allow cities to continue to have the flexibility of holding open meetings remotely throughout the declared state of emergency; and
2. Submit the letter to key legislators and local stakeholders.
Body
Executive Summary:
On March 17, 2020, Governor Gavin Newsom issued Executive Order (EO) N-29-20 (Attachment 2) as part of a series of emergency measures in response to the COVID-19 pandemic. The EO, allowing cities to conduct remote meetings under modified Brown Act requirements, expires on September 30, 2021.
In order for cities to retain the flexibility they were granted in the EO to conduct meetings in a safe manner, while simultaneously ensuring public engagement and access, AB 361 (Robert, Rivas) must pass both houses and the Governor must sign it into law (Attachment 3). AB 361 was recently amended to take effect immediately upon the Governor’s signature and would allow cities to maintain transparency and public access while also being able to meet remotely during a declared state of emergency.
Background:
Since Governor Gavin Newsom issued Executive Order N-29-20 on March 17, 2020, allowing cities to conduct remote meetings under modified Brown Act requirements, the City of Hermosa Beach has prioritized the health and safety of community members and staff by holding virtual and hybrid public meetings.
Analysis:
AB 361 passed in the Senate Judiciary committee on September 9, 2021 with a 9-1 vote. To advance to the Governor’s Desk in time to continue virtual meetings past the end of this month, the bill must receive support from two-thirds of both houses of the legislature.
AB 361 would allow cities to continue to operate Brown Act meetings with modified Brown Act requirements during a declared state of emergency. Specifically:
• Under AB 361, the public must continue to have access to the remote meeting and provided the ability to make public comment. Cities would not be required to make all remote meeting sites accessible to the public, nor include the remote location details in the meeting notice or agenda during a declared state of emergency.
• Cities would still be required to post agendas and meeting information, but are not required to post in physical locations when meeting remotely during an emergency.
• Local officials would not be required to be located at remote sites within the territorial bounds of the agency during a declared state of emergency.
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Governance
Goal 1. A high degree of transparency and integrity in the decision-making process.
Policies
• 1.1 Open meetings. Maintain the community’s trust by holding meetings in which decisions are being made, that are open and available for all community members to attend, participate, or view remotely.
• 1.10 Record systems and technology. Maintain record systems and utilize technology that promotes public access.
Goal 2. The community is active and engaged in decision-making processes.
Policies
• 2.1 Multiple outreach methods. Consistently engage in community outreach through neighborhood forums, social media, the latest technologies, personal interaction, and other methods on a regular basis.
• 2.2 Universal outreach. Utilize diverse methods of outreach that promote public participation and ensure Hermosa Beach events are communicated to all segments of the communities.
• 2.3 Public participation guidelines. Establish parameters and guidelines to ensure public participation is promoted through diverse methods.
• 2.8 Youth participation. Engage and incorporate the viewpoints and ideas of the community’s youth population in long-range planning efforts.
Goal 3. Excellent customer service through the use of emerging technologies.
Policies
• 3.3 Online materials. As feasible, continue to expand the City’s website with data and materials for residents and people doing business with the City, including City Council and Commission agenda packets, permit application forms, web-based geographic information systems (GIS), and use of new technologies as appropriate.
Fiscal Impact:
The City has incorporated technology into the Council Chambers audio/visual system to allow for operation of hybrid virtual/in-person meetings. The cost of this new technology has been charged to the Federal Emergency Management Agency (FEMA) Fund and will be submitted for reimbursement.
Attachments:
1. Draft letter of support for AB 361
2. Link to Executive Order N-29-20
3. Link to AB 361 Text
Respectfully Submitted by: Ann Yang, Executive Assistant
Noted for Fiscal Impact: Viki Copeland, Finance Director
Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager