To: Honorable Mayor and Members of City Council
From: Tiffany Carranza, City Clerk
Prepared By: Tiffany Carranza, City Clerk
TITLE:
Title
Teleconferenced Public Meetings
LABEL
RECOMMENDED ACTION:
Recommendation
Adopt a resolution authorizing the City Manager to implement teleconferenced public meetings during the proclaimed local emergency related to COVID-19.
Body
DISCUSSION:
State law known as the “Brown Act” requires the deliberations and actions of every “legislative body” (including the City Council and all City Commissions) to be conducted in open meetings, with prior public notice, and an opportunity for the public to provide input on decision making activities.
Under the Brown Act (without considering COVID-19 emergency orders), the City Council may authorize individual members of each legislative body to participate in public meetings via “teleconferencing” (connected from a remote location via audio, video, or both) if specified procedures are followed, including:
• Each remote location, from which a member will be participating in the meeting, must be identified on the meeting notice and agenda.
• Each remote location must be accessible to the public during the meeting.
• Members of the public must be provided an opportunity to address the legislative body at each remote location.
• The meeting agenda must be posted at each remote location.
• At least a quorum of the members of the legislative body must participate from locations within the City limits.
• All votes taken during a teleconferenced meeting must be by rollcall.
As Council is aware, beginning in March 2020, the Governor has issued a series of emergency executive orders to address the impacts of COVID-19. This includes executive orders (most recently N-08-21) to authorize members of legislative bodies to meet remotely using teleconferencing without following the process summarized in the bullets, above. The City has been successfully implementing the COVID-19 teleconferencing procedures, allowing members of the public to participate remotely while City buildings were closed (through July 2021), and some City Commission meetings continue to be conducted remotely in light of ongoing social distancing and masking requirements to minimize the spread of COVID-19. However, the emergency COVID-19 teleconferencing procedures are scheduled to expire on September 30, 2021.
There is pending legislation (AB-361) that would authorize the City to use teleconferencing for public meetings without following the requirements of the Brown Act (summarized in the bullets, above) if: (a) there is a proclaimed state of emergency for which social distancing requirements have been imposed or recommended (such as for COVID-19), or (b) there are imminent risks to the health or safety of attendees at an in-person meeting. However, the requirements of AB-361 are not identical to the current COVID-19 procedures (under N-08-21); most notably for meetings of the City Council, AB-361 requires the City to provide opportunity for comments from the public in real time via a call-in option or an internet-based service option. As of the writing of this report, AB-361 has been approved by the Assembly and Senate and is awaiting the Governor’s approval.
While the City has reopened its buildings to the public, staff recommends the authorization of teleconferencing to address the ongoing and evolving impacts of COVID-19.
Today’s resolution will authorize the City Manager to implement teleconferenced meetings, pursuant to the requirements of the Brown Act (summarized in the bullets, above). Thus, if the existing Governor’s Order is not extended, or if AB-361 does not adequately address the City’s procedural needs, the resolution would authorize members of City Council or City Commissions to participate via teleconference under the provisions of the Brown Act that predate the COVID-19 pandemic.
FINANCIAL IMPACTS:
There is no direct financial impact.
CEQA:
The City Clerk has determined that the recommended action described in this agenda report is not subject to CEQA, pursuant to CEQA Guidelines Section 15060(c).
DOCUMENTS ATTACHED:
ATCH 1 - Resolution
NOTIFICATION:
None.