TO: Napa County Housing Commission
FROM: Jennifer Palmer, Director of Housing and Homeless Services
REPORT BY: Alex Carrasco, Staff Service Analyst
SUBJECT: Renewal of Authorization for Remote Teleconference Meetings
RECOMMENDATION
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Director of Housing and Homeless Services requests the Napa County Housing Commission (Housing Commission) adopt a Resolution containing the findings required to continue to hold virtual meetings in compliance with revisions to the Brown Act adopted in AB 361.
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EXECUTIVE SUMMARY
In order to continue meeting virtually via teleconference in a manner consistent with how the Housing Commission has been meeting since March 2020, staff recommends that the Housing Commission adopt the resolution containing the findings required by the Brown Act, as amended by AB 361.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.
BACKGROUND AND DISCUSSION
During the COVID-19 emergency, Governor Newsom issued Executive Order N-08-21, which allowed legislative bodies governed by the Ralph M. Brown Act to hold meetings virtually via teleconferencing without complying with certain provisions of Government Code section 54953. In September 2021, Governor Newsom signed AB 361, which amended Government Code section 54953 to allow legislative bodies to continue meeting virtually while complying with alternate teleconferencing requirements, so long as certain conditions are met.
To meet the conditions required, a legislative body governed by the Brown Act must make certain findings within 30 days of initially meeting virtually following AB 361’s passage and must renew those findings every 30 days. Specifically, the findings required by AB 361, now codified at Government Code section 54953(e), include finding that there is currently a proclaimed state of emergency and that social distancing measures are imposed or recommended by state or local officials. The Board of Supervisors has also adopted a resolution to fulfill the 30-day renewal requirement on behalf of Napa County boards and commissions.
If the findings required by Government Code section 54953(e) are not adopted, the Housing Commission may still continue to meet via teleconference but must comply with all of the requirements of Government Code section 54953(b)(3), including identifying the teleconference locations on the agenda, opening the teleconference locations to the public, and posting the agenda for the requisite amount of time at every teleconference location.
In order to continue meeting virtually via teleconference in a manner consistent with how the Housing Commission has been meeting since March 2020, staff recommends that the Housing Commission adopt the attached Resolution containing the required findings.