1 STAFF REPORT
DATE: April 12, 2022
TO: Justin Hess, City Manager
FROM: Judie Wilke, Assistant City Manager
BY: Viviana Garzon, Administrative Analyst II
SUBJECT: Consideration of Public Comment and Communication Options for Public City Meetings and Continuation of Virtual Meetings until May 3, 2022
RECOMMENDATION
1) Return to the Pre-Pandemic Public Comment and Communication Process for all in-person public City Council, Board, Commissio n, and Committee meetings beginning Tuesday, May 3, 2022.
2) For the period of April 12, 2022—May 3, 2022, a dopt the following finding: As a result of the statewide emergency due to the COVID -19 Pandemic (Pandemic), holding any City Council, Board, Commission or Committee meeting in person would present imminent risk to the health or safety of attendees.
BACKGROUND
In an effort to slow the spread of the COVID -19 virus, Governor Newsom issued an Executive Order on March 17, 2020, suspending parts of the Brown Act during the Pandemic. The Governor’s Executive Order expired on September 30, 2021 and in its place the California legislature passed, and the Governor signed, Assembly Bill (AB) 361 amending the Brown Act to allow the continuation of virtual meetings. AB 361 (Act) is an urgency measure allowing the suspension of certain Brown Act requirements so local legislative bodies may hold virtual meetings during an emergency declared by the Governor. The City of Burbank has been meeting the requirements contained in AB 361 and, like numerous other legislative bodies in the state, have been holding virtual Council meetings with telephonic public participation and electronic attendance since spri ng of 2020.
Fortunately, the County of Los Angeles has experienced consistent declines in positive COVID-19 cases, positivity rates, and related hospitalizations since March 2022. On CITY MANAGER’S
OFFICE
2 March 3, 2022, Los Angeles County moved into the low -risk category according to the Centers for Disease Control and Prevention Community Level designation. As a result, on March 4, 2022, an updated Los Angeles County Department of Public Health (County) Officer Order went into effect , which among other things, removed the requirement to wear masks indoors1. The consistent decline of key metrics in the County of Los Angeles, as well as the new County order, allowed the opportunity to begin planning the safe return to in-person public meetings.
At the Council meeting on March 15, 2022, City Council approved a three-phase transition to resume in- person City Council meetings as well as Boards, Commissions, and Committee meetings. The approved plan is as follows:
City Council Meetings:
Phase 1: April 5 and April 12—Mayor and City Staff in Council Chambers Phase 2: April 18 and April 26—Council and City Staff in Council Chambers Phase 3: May 3—Resume In-person Public Meetings
All other Boards, Commissions, and Committees:
Resume In-person Public Meetings after May 3
Adoption of Findings to Continue Virtual Meetings until May 3, 2022 Also at the March 15, 2022 meeting, City Council adopted the findings that would allow the continuation of virtual meetings for 30 days, thereby ensuring the City of Burbank is meeting the requirements contained in AB 361. Staff recommends Council adopt these findings one more time to cover the period from April 12, 2022—May 3, 2022.
DISCUSSION
An essential part of every public meeting is the p ublic comment period, which gives members of the public the opportunity to participate and inform the governing body their views on any matter concerning City business and/or items on the agenda. Now that in - person public meetings will resume on May 3, 2022, it is important to decide the process for public comment at the meetings.
Staff researched two options for the public comment period when in- person meetings resume. Each option is described in detail below. To s implify this discussion, these options are discussed referencing City Council meetings, with the understanding that the final decision will also apply to all Board, Commission, and Committee meetings. After careful analysis of both options, staff recommends Option A, Return to the Pre - Pandemic Public Comment process.
1http://publichealth.lacounty.gov/media/Coronavirus/docs/HOO/HOO_SaferReturnW orkCommunity.pdf?utm_con tent=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=
3 Option A: Return to the Pre-Pandemic Public Comment process.
In this option, the public comment process would resume as it was prior to Governor Newsom declaring a State of Emergency due to the Pandemic in spring 2020. As was the case prior to the P andemic, a general public comment period would be available at the start of the Regular Meeting. In addition, a public comment period would be available for each item under Reports to Council. Public comment periods would also be available at Closed Sessions, Study Sessions, and Public Hearings . In Option A, m embers of the public would have multiple opportunities to participate in the public comment period at the in-person meetings.
In addition, two more opportunities remain available for the public to communicate with the City Council:
1. E-comments on the City of Burbank website at www.burbankca.gov/ecomments
2. Emailing comments to the City Council at [email protected]
Multiple cities in the state have resumed in-person public meetings over the past month, while others remain virtual. During research, staff referenced the responses from the Cal Cities City Clerk’s email list serv which surveyed other cities to find out what the p ublic comment process was for those cities who have resumed in-person public meetings. Staff also contacted the City Clerk’s Office in other cities via phone to gather this information.
Out of 21 cities, 13 cities resumed in-person public comment periods. The 13 cities are:
Carlsbad, Chula Vista, Coronado, El Cajon, Encinitas, Escondido, La Canada Flintridge, Lemon Grove, Oceanside, San Marcos, Santa Clarita, Santee, and Vista.
Eight of the 21 cities have continued a hybrid option for the public meetings, meaning members of the public can join the meeting virtually or in-person. These hybrid meetings include a virtual or phone- in public comment period. The eight cities are: Fresno, Glendale, Imperial B each, La Mesa , Poway, San Francisco , San Jose, and South Pasadena.
Currently, the following cities continue to host virtual public meetings only: Beverly Hills, Del Mar, Los Angeles, National City, Pasadena, Sacramento, and Solana Beach.
Option B: Allow a Call-In Public Comment option
Since April 7, 2020, the first virtual City Council meeting after Governor Newsom declared a State of Emergency due to the Pandemic, the p ublic comment period at City Council meetings has been part of the virtual meetings and done telephonically. Although the call- in option has been an effective process when meeting in person was not safe, it has come at a cost.
4 A total of four staff are involved in the coordination of the call-in public comment period at every Council meeting. This includes two staff from the Burbank Water and Power Communications Division, one staff from the City Clerk’s Office, and one staff from the City Manager’s Office. This does not include the three staff from the Information Technology Department available to troubleshoot when issues arise during the virtual meeting, nor the two staff from the Public Information Office who are hosting the meeting and ensuring it is being taped and aired live.
The average cost to run the call -in public comment period per meeting is $3,000. As of April 5, 2022, City Council would have held 62 virtual regular meetings since April 7, 2020.
The total cost to run the 62 meetings is now at $186,000. This amount includes staff cost for hourly employees, but does not take into account staff on salary who must, in addition to their normal work schedule, be available in the evenings to ensure adequate coverage at Council meetings.
The amount mentioned above does not include the cost to run the Board, Commission, and Committee meetings. As we have seen over the past two years, multiple staff would have to be available to effectively run a virtual meeting.
Due to the logistics and cost of the call-in option, only one general public comment period per regular meeting would remain available (unless there is a public hearing), limiting the opportunities for a member of the public to speak during a meeting. It is important to note that with Option B, members of the public would continue to have the E -comment option on the City’s website as well as the ability to email City Council.
In Option B, all members of the public present inside the Council Chambers at City Hall wishing to speak during the public comment period would go first . Individuals calling in would follow. Unfortunately, staff would not be able to inform callers their place on the line or the wait time. Should Council select Option B, staff recommends pursuing a three- month trial period, and revisiting the process at the end of three months.
FISCAL IMPACT
Allowing the continuation of virtual Council meetings, as well as Board, Commission and Committee meetings, until May 3, 2022, will not result in any new or added cost from what the City has been incurring since April 2020.
Regarding the process for public comment at public meetings, t here is no fiscal impact with the recommended Option A. However, there are significant costs associated with Option B.
CONCLUSION
Keeping the community safe during the Pandemic has been the top priority for City 5 Council. The past two years have been challenging on multiple levels. Together, and with patience and understanding from the Burbank community, Council and staff figured out the most effective and efficient way to run the public meetings virtually and meet all legal requirements during the Pandemic . The City Council meetings continued to be transparent throughout the past two years and members of the public were always given the opportunity to voice their opinion. Members of the public will continue to have multiple ways of communicating with City Council and staff in the event they are not able to attend the meeting in person, including E -comments and emailing City Council directly.
Resuming in-person public meetings, as well as the P ublic Comment Period, after two years will be a positive and fiscally responsible option for the community.
ATTACHMENT
None.