AGENDA REPORT
Meeting Date: February 6, 2024
Item Number:
To: Honorable Mayor and City Council
From: Cynthia Owens, Municipal Affairs Program Manager
Subject: RATIFICATION OF A LETTER OF SUPPORT SENT BY CITY MANAGER NANCY HUNT-COFFEY ON ASSEMBLY BILL 817
(PACHECO) OPEN MEETINGS: TELECONFERENCING:
SUBSIDIARY BODY
Attachments: 1. Letter of Support – AB 817
2. AB 817 Bill Text
RECOMMENDATION
Staff recommends the City Council ratify the action taken by City Manager Nancy HuntCoffey to send a letter of support for Assembly Bill 817 (Pacheco) Open meetings:
teleconferencing (“AB 817”) at the direction of Mayor Julian Gold, M.D (Attachment 1).
INTRODUCTION
On January 22, the League of California Cities sent an email to Mayors, City Councilmembers and City Managers requesting cities send letters of support for AB 817, which provides a narrow teleconferencing exemption under the Ralph M. Brown Act.
As the bill was scheduled to be voted on in the State Assembly on Thursday, January 25, the City needed to act quickly to express our support. In accordance with the City Council Policy & Operations Manual, the Mayor directed the City Manager to send a letter of support as the City has no formal position related specifically to the content of AB 817 in the City’s Legislative Platform.
This item requests the City Council to ratify the action taken by the City Manager at the direction of the Mayor to send a letter of support for AB 817.
DISCUSSION
Local governments across the state have faced an ongoing challenge to recruit and retain members of the public on advisory bodies, boards, and commissions. Challenges
BEVERLV
HILLS
i
Meeting Date: February 6, 2024
associated with recruitment have been attributed to participation time commitments; time and location of meetings; physical limitation; conflicts with childcare; and work obligations.
The COVID-19 global pandemic has driven both hyper-awareness and concerns about the spread of infectious diseases, as well as removed barriers to local civic participation by allowing remote participation. This enabled individuals who could not otherwise accommodate the time, distance, or mandatory physical participation requirements to engage locally by participating in various meetings or apply to be on local government advisory bodies.
Diversification in civic participation at all levels requires careful consideration of different protected characteristics as well as socio-economic status. The in-person requirement to participate in local governance bodies presents a disproportionate challenge for those with physical or economic limitations, including seniors, persons with disability, single parents and/or caretakers, economically marginalized groups, and those who live in rural areas who face prohibitive driving distances. Participation in local advisory bodies and appointed boards and commissions often serves as a pipeline to local elected office and opportunities for state and federal leadership positions.
AB 817 would provide a narrow exemption under the Ralph M. Brown Act (the “Act”) for non-decision-making legislative bodies currently governed by Act, such as advisory bodies and commissions, to participate in two-way virtual teleconferencing without posting physical location of members.
Overall, AB 817 will:
1) Give local advisory bodies the same teleconferencing flexibilities that state advisory bodies currently enjoy.
2) Allow non-decision-making legislative bodies to participate in two-way virtual teleconferencing without posting their location.
3) Increase flexibility and make it easier for individuals to serve on advisory boards and commissions.
Some of the organizations listed in support of this bill include, but are not limited to:
California Association of Recreation and Parks Districts [CO-SPONSOR] California State Association of Counties [CO-SPONSOR] League of California Cities [CO-SPONSOR]
Rural County Representatives of California [CO-SPONSOR] Urban Counties of California [CO-SPONSOR]
AARP
Numerous cities, counties, and transit agencies
Some of the organizations opposed to this bill include, but are not limited to:
ACLU California Action
California Broadcasters Association
Howard Jarvis Taxpayers Association
Northern California Society of Professional Journalists Society of Professional Journalists, Greater Los Angeles Chapter Society of Professional Journalists, Northern California Chapter Meeting Date: February 6, 2024
As the legislative matters contained in AB 817 are not specifically addressed in the City’s Legislative Platform, and the League of California Cities was requesting cities to send letters of support prior to the State Assembly Floor vote on January 25, 2024, the Mayor directed the City Manager on January 24, 2024 to send a letter of support.
The process for sending letters on urgent legislative items is outlined in the City Council Policy & Operations Manual, and those procedures were followed for this request.
Staff is now requesting the City Council ratify the action taken by the City Manager at the direction of the Mayor to send a letter of support for AB 817.
FISCAL IMPACT
Staff estimates there is little to no fiscal impact associated with this item.
Keith Sterling,
Deputy City Manager
Approved By
Attachment 1
Nancy Hunt-Coffey
City Manager
January 24, 2024The Honorable Blanca Pacheco
California State Assembly
1021 0 Street, Suite 6240
Sacramento, CA 95814
‘BEVERLY
HILLS
Dear Assemblymember Pacheco,
RE: AB 817 (Pacheco) Open Meetings: Teleconferencing: Subsidiary Body.
Notice of SUPPORT (As Amended 01/17/2024)
The City of Beverly Hills is pleased to SUPPORT AB 817 which would allow subsidiary, nondecision-making legislative bodies of a local agency, that do not have the ability to take final action, to participate in two-way virtual teleconferencing without meeting all the teleconferencing requirements of the Ralph M. Brown Act (Brown Act).
Modifications to the Brown Act made during the COVID-19 pandemic through GovernorNewsom’s executive orders and declared state of emergency resulted in many local agencies, including the City of Beverly Hills, seeing an increase in virtual participation and engagement in our meetings.With the end of the Governor’s executive orders, local agencies must comply with existing law (Stats. 1991, Ch. 669), requiring local bodies to publicly notice opportunities to participate in and serve on local regulatory and advisory boards, commissions, and committees under Maddy’s Act.
However, merely informing the public of the opportunity to engage is not enough: addressingbarriers to achieve diverse representation in leadership furthers the state legislature’s declared goals of equal access and equal opportunity.
Diversification in civic participation at all levels of local government requires careful consideration of different protected characteristics as well as socioeconomic status. The inperson requirement to participate in local governance bodies presents a disproportionatechallenge for those with physical or economic limitations, including seniors, persons with disability, single parents, caretakers, economically marginalized groups, and those who live in rural areas who may face prohibitive driving distances.
As local advisory bodies and appointed boards and commissions often serve as a pipeline to local elected office, it is critical to enhance participation in these non-decision-making legislative bodies.
City ofBeverly Hills 455 N. Rexford Drive Beverly Hills, California 90210 t(310)285-1014f(310)275-8159 BeverlyHills.org Nancy Hunt-Coffey City Manager
January 24, 2024 The Honorable Blanca Pacheco
California State Assembly
1021 0 Street, Suite 6240
Sacramento, CA 95814
RE: AB 817 (Pacheco) Open Meetings: Teleconferencing: Subsidiary Body.
Notice of SUPPORT (As Amended 01/17/2024)
Dear Assemblymember Pacheco,
The City of Beverly Hills is pleased to SUPPORT AB 817 which would allow subsidiary, nondecision-making legislative bodies of a local agency, that do not have the ability to take final action, to participate in two-way virtual teleconferencing without meeting all the teleconferencing requirements of the Ralph M. Brown Act (Brown Act).
Modifications to the Brown Act made during the COVID-19 pandemic through Governor Newsom's executive orders and declared state of emergency resulted in many local agencies, including the City of Beverly Hills, seeing an increase in virtual participation and engagement in our meetings. With the end of the Governor's executive orders, local agencies must comply with existing law (Stats. 1991, Ch. 669), requiring local bodies to publicly notice opportunities to participate in and serve on local regulatory and advisory boards, commissions, and committees under Maddy's Act.
However, merely informing the public of the opportunity to engage is not enough: addressing barriers to achieve diverse representation in leadership furthers the state legislature's declared goals of equal access and equal opportunity.
Diversification in civic participation at all levels of local government requires careful consideration of different protected characteristics as well as socioeconomic status. The inperson requirement to participate in local governance bodies presents a disproportionate challenge for those with physical or economic limitations, including seniors, persons with disability, single parents, caretakers, economically marginalized groups, and those who live in rural areas who may face prohibitive driving distances.
As local advisory bodies and appointed boards and commissions often serve as a pipeline to local elected office, it is critical to enhance participation in these non-decision-making legislative bodies. City of Beverly Hills 455 N. Rexford Drive Beverly Hills, California 90210 1(310)285-1014 f(310)275-8159 BeverlyHills.org Nancy Hunt-Coffey City Manager
January 24, 2024
The Honorable Blanca Pacheco
California State Assembly
10210 Street, Suite 6240
Sacramento, CA 95814
RE: AB 817 (Pacheco) Open Meetings: Teleconferencing: Subsidiary Body.
Notice of SUPPORT (As Amended 01/17/2024)
Dear Assemblymember Pacheco,
The City of Beverly Hills is pleased to SUPPORT AB 817 which would allow subsidiary, nondecision-making legislative bodies of a local agency, that do not have the ability to take final action, to participate in two-way virtual teleconferencing without meeting all the teleconferencing requirements of the Ralph M. Brown Act (Brown Act).
Modifications to the Brown Act made during the COVID-19 pandemic through Governor Newsom's executive orders and declared state of emergency resulted in many local agencies, including the City of Beverly Hills, seeing an increase in virtual participation and engagement in our meetings. With the end of the Governor's executive orders, local agencies must comply with existing law (Stats. 1991, Ch. 669), requiring local bodies to publicly notice opportunities to participate in and serve on local regulatory and advisory boards, commissions, and committees under Maddy's Act.
However, merely informing the public of the opportunity to engage is not enough: addressing barriers to achieve diverse representation in leadership furthers the state legislature's declared goals of equal access and equal opportunity.
Diversification in civic participation at all levels of local government requires careful consideration of different protected characteristics as well as socioeconomic status. The inperson requirement to participate in local governance bodies presents a disproportionate challenge for those with physical or economic limitations, including seniors, persons with disability, single parents, caretakers, economically marginalized groups, and those who live in rural areas who may face prohibitive driving distances.
As local advisory bodies and appointed boards and commissions often serve as a pipeline to local elected office, it is critical to enhance participation in these non-decision-making legislative bodies. City oJBeverly Hills 455 N. Rexford Drive Beverly Hills, California 90210 1(310)285-1014f(310)275-8159 BeverlyHills.org AB 817 would help address these issues by providing a narrow exemption under the Brown Act for non-decision-making legislative bodies that do not take final action on any legislation, regulations, contracts, licenses, permits, or other entitlements, to meet via teleconferencing so that diverse representation can be achieved. For these reasons, the City of Beverly Hills SUPPORTS AB 817.
Sincerely,
1 (Vv’ 4Q
Nancy Hunt-Coffey, City Manager
City of Beverly Hills
cc: State Senator Ben Allen, Senate District 24
Assemblymember Rick Zbur, Assembly District 51
Beverly Hills City Council
Andrew Antwih, Shaw Yoder Antwih Schmelzer & Lange
AB 817 would help address these issues by providing a narrow exemption under the Brown Act for non-decision-making legislative bodies that do not take final action on any legislation, regulations, contracts, licenses, permits, or other entitlements, to meet via teleconferencing so that diverse representation can be achieved. For these reasons, the City of Beverly Hills SUPPORTS AB 817. Sincerely,
[teu4god; 4e#
Nancy Hunt-Coffey, City Manager
City of Beverly Hills
cc: State Senator Ben Allen, Senate District 24
Assemblymember Rick Zbur, Assembly District 51
Beverly Hills City Council
Andrew Antwih, Shaw Yoder Antwih Schmelzer & Lange
AB 817 would help address these issues by providing a narrow exemption under the Brown Act for non-decision-making legislative bodies that do not take final action on any legislation, regulations, contracts, licenses, permits, or other entitlements, to meet via teleconferencing so that diverse representation can be achieved. For these reasons, the City of Beverly Hills SUPPORTS AB 817. Sincerely,
[ aw4ad; 6e#e( Nancy Hunt-Coffey, City Manager
City of Beverly Hills
cc: State Senator Ben Allen, Senate District 24
Assemblymember Rick Zbur, Assembly District 51
Beverly Hills City Council
Andrew Antwih, Shaw Yoder Antwih Schmelzer & Lange
Attachment 2
AMENDED IN ASSEMBLY JANUARY 17, 2024
AMENDED IN ASSEMBLY MARCH 16, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 817
Introduced by Assembly Member Pacheco
(Coauthor: Assembly Member Wilson)
February 13, 2023
An act to add and repeal Section 54953.05 to of the Government Code, relating to local government.
legislative counsel’s digest
AB 817, as amended, Pacheco. Open meetings: teleconferencing:
subsidiary body.
Existing law, the Ralph M. Brown Act, requires, with specified exceptions, each legislative body of a local agency to provide notice of the time and place for its regular meetings and an agenda containing a brief general description of each item of business to be transacted. The act also requires that all meetings of a legislative body be open and public, and that all persons be permitted to attend unless a closed session is authorized. The act generally requires for teleconferencing that the legislative body of a local agency that elects to use teleconferencing post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction.
97 Existing law, until January 1, 2024, law authorizes the legislative body of a local agency to use alternate teleconferencing provisions during a proclaimed state of emergency or in other situations related to public health that exempt a legislative body from the general requirements (emergency provisions) and impose and, until January 1, 2026, in certain circumstances related to the particular member if at least a quorum of its members participate from a singular physical location that is open to the public and situated within the agency’s jurisdiction and other requirements are met (nonemergency provisions).
Existing law imposes different requirements for notice, agenda, and public participation, as prescribed. The emergency provisions specify that they do not require a legislative body to provide a physical location from which the public may attend or comment. prescribed, when a legislative body is using alternate teleconferencing provisions. The nonemergency provisions impose restrictions on remote participation by a member of the legislative body and require the legislative body to specific means by which the public may remotely hear and visually observe the meeting.
Existing law, until January 1, 2026, authorizes the legislative body of a local agency to use alternative teleconferencing in certain circumstances related to the particular member if at least a quorum of its members participate from a singular physical location that is open to the public and situated within the agency’s jurisdiction and other requirements are met, including restrictions on remote participation by a member of the legislative body.
This bill bill, until January 1, 2026, would authorize a subsidiary body, as defined, to use similar alternative teleconferencing provisions similar to the emergency provisions indefinitely and without regard to a state of emergency. and would impose requirements for notice, agenda, and public participation, as prescribed. In order to use teleconferencing pursuant to this act, the bill would require the legislative body that established the subsidiary body by charter, ordinance, resolution, or other formal action to make specified findings by majority vote, before the subsidiary body uses teleconferencing for the first time and every 12 months thereafter.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
97 AB 817 — 2 —
This bill would make legislative findings to that effect.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 54953.05 is added to the Government line 2 Code, to read:
line 3 54953.05. (a) (1) The definitions in Section 54953, as that line 4 section may be amended from time to time, apply for purposes of line 5 this section.
line 6 (2) For purposes of this section, “subsidiary body” means a line 7 legislative body that meets all of the following:
line 8 (A) Is described in subdivision (b) of Section 54952. line 9 (B) Serves exclusively in an advisory capacity. line 10 (C) Is not authorized to take final action on legislation, line 11 regulations, contracts, licenses, permits, or any other entitlements. line 12 (b) A subsidiary body may use teleconferencing without line 13 complying with paragraph (3) of subdivision (b) of Section 54953, line 14 if the subsidiary body complies with all of the following:
line 15 (1) The teleconferenced meetings shall be conducted in a manner line 16 that protects the statutory and constitutional rights of the parties line 17 or the public appearing before the subsidiary body. line 18 (2) Each member of the subsidiary body shall participate through line 19 both audio and visual technology.
line 20 (3) The subsidiary body shall provide at least one of the line 21 following as a means by which the public may remotely hear and line 22 visually observe the meeting, and remotely address the subsidiary line 23 body:
line 24 (A) A two-way audiovisual platform.
line 25 (B) A two-way telephonic service and a live webcasting of the line 26 meeting.
97 — 3 — AB 817
line 1 (4) The subsidiary body shall give notice of the meeting and line 2 post agendas as otherwise required by this chapter. line 3 (5) In each instance in which notice of the time of the line 4 teleconferenced meeting is otherwise given or the agenda for the line 5 meeting is otherwise posted, the subsidiary body shall also give line 6 notice of the means by which members of the public may access line 7 the meeting and offer public comment.
line 8 (6) The agenda shall identify and include an opportunity for all line 9 persons to attend and address the subsidiary body directly pursuant line 10 to Section 54954.3 via a call-in option or via an internet-based line 11 service option.
line 12 (7) In the event of a disruption that prevents the subsidiary body line 13 from broadcasting the meeting to members of the public using the line 14 call-in option or internet-based service option, or in the event of line 15 a disruption within the subsidiary body’s control that prevents line 16 members of the public from offering public comments using the line 17 call-in option or internet-based service option, the subsidiary body line 18 shall take no further action on items appearing on the meeting line 19 agenda until public access to the meeting via the call-in option or line 20 internet-based service option is restored. Actions taken on agenda line 21 items during a disruption that prevents the subsidiary body from line 22 broadcasting the meeting may be challenged pursuant to Section line 23 54960.1.
line 24 (8) Notwithstanding Section 54953.3, an individual desiring to line 25 provide public comment through the use of an internet website, or line 26 other online platform, not under the control of the subsidiary body, line 27 that requires registration to log in to a teleconference may be line 28 required to register as required by the third-party internet website line 29 or online platform to participate.
line 30 (9) The subsidiary body shall not require public comments to line 31 be submitted in advance of the meeting and must provide an line 32 opportunity for the public to address the subsidiary body and offer line 33 comment in real time.
line 34 (A) A subsidiary body that provides a timed public comment line 35 period for each agenda item shall not close the public comment line 36 period for the agenda item, or the opportunity to register, pursuant line 37 to paragraph (8), to provide public comment until that timed public line 38 comment period has elapsed.
line 39 (B) A subsidiary body that does not provide a timed public line 40 comment period, but takes public comment separately on each 97 AB 817 — 4 —
line 1 agenda item, shall allow a reasonable amount of time per agenda line 2 item to allow public members the opportunity to provide public line 3 comment, including time for members of the public to register line 4 pursuant to paragraph (8), or otherwise be recognized for the line 5 purpose of providing public comment.
line 6 (C) A subsidiary body that provides a timed general public line 7 comment period that does not correspond to a specific agenda item line 8 shall not close the public comment period or the opportunity to line 9 register, pursuant to paragraph (8), until the timed general public line 10 comment period has elapsed.
line 11 (c) In order to use teleconferencing pursuant to this section, the line 12 legislative body that established the subsidiary body by charter, line 13 ordinance, resolution, or other formal action shall make the line 14 following findings by majority vote before the subsidiary body line 15 uses teleconferencing pursuant to this section for the first time, line 16 and every 12 months thereafter:
line 17 (1) The legislative body has considered the circumstances of line 18 the subsidiary body.
line 19 (2) Teleconference meetings of the subsidiary body would line 20 enhance public access to meetings of the subsidiary body. line 21 (3) Teleconference meetings of the subsidiary body would line 22 promote the attraction, retention, and diversity of subsidiary body line 23 members.
line 24 (d) This section shall remain in effect only until January 1, 2026, line 25 and as of that date is repealed.
line 26 SEC. 2. The Legislature finds and declares that Section 1 of line 27 this act, which adds and repeals Section 54953.05 to of the line 28 Government Code, imposes a limitation on the public’s right of line 29 access to the meetings of public bodies or the writings of public line 30 officials and agencies within the meaning of Section 3 of Article line 31 I of the California Constitution. Pursuant to that constitutional line 32 provision, the Legislature makes the following findings to line 33 demonstrate the interest protected by this limitation and the need line 34 for protecting that interest:
line 35 By removing the requirement for agendas to be placed at the line 36 location of each public official participating in a public meeting line 37 remotely, this act protects the personal, private information of line 38 public officials and their families while preserving the public’s line 39 right to access information concerning the conduct of the people’s line 40 business.
97 — 5 — AB 817
--
line 1 SEC. 3. The Legislature finds and declares that Section 1 of line 2 this act, which adds Section 54953.05 to the Government Code, line 3 furthers, within the meaning of paragraph (7) of subdivision (b) line 4 of Section 3 of Article I of the California Constitution, the purposes line 5 of that constitutional section as it relates to the right of public line 6 access to the meetings of local public bodies or the writings of line 7 local public officials and local agencies. Pursuant to paragraph (7) line 8 of subdivision (b) of Section 3 of Article I of the California line 9 Constitution, the Legislature makes the following findings:
line 10 This act is necessary to provide opportunities for public line 11 participation in meetings of specified public agencies and to line 12 promote the attraction and retention of members of those agencies.
O
97 AB 817 — 6 —