1 STAFF REPORT
DATE: July 26, 2022
TO: Justin Hess, City Manager
FROM: Judie Wilke, Assistant City Manager
BY: Viviana Garzon, Administrative Analyst II
SUBJECT: Update on Public Comment and Communication Options for Public City Meetings
RECOMMENDATION
1) Continue the call-in public comment and communication process for all in-person public City Council, Board, Commission, and Committee meetings. 2) Remove the in-person public comment after each report to Council.
BACKGROUND
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 COVID-19 Pandemic (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 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. For over two years, the City of Burbank met the requirements contained in AB 361 and, like numerous other legislative bodies in the state, held virtual Council meetings with telephonic public participation and electronic attendance . At the March 15, 2022 meeting, Council a pproved a three-phase transition to resume in -person City Council meetings as well as Board , Commission , and Committee meetings. In-person public meetings resumed on May 3, 2022.
On April 12, 2022, staff presented a report to Council with two options for the public comment period when in -person meetings would resume on May 3 , 2022. The options were discussed referencing City Council meetings, with the understanding that the final decision would also apply to all Board, Commission, and Committee meetings. Council
2 voted 5-0 to continue both the in-person and the call-in option during the public comment period at Regular Meetings, Closed Sessions, Study Sessions, and Public Hearings. In addition, at the request of Council Member Frutos and in concurrence by all Council Members, the in-person public comment period was reinstated after each report to Council. Council directed staff to return with a three-month update on the Public Comment process.
DISCUSSION
An essential part of every public meeting is the public 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. The City welcomes the engagement from the community and has made available a myriad of ways for members of the public to interact with their local government, including:
• Call-in and in-person public comment
• Emailing City Council directly
• E-comments
• OurBurbank 311 App
• City of Burbank website
• City Calendar and Calendar Notifications
• Social media on five different platforms –Facebook, Instagram, Twitter, YouTube, and Nextdoor
• Email notifications
Participation during Public Comment
City Council held its first in -person public meeting on May 3, 2022. After two years of virtual meetings, there was a joyful ambience in the Council Chamber now that members of the public could interact with City Council in person as they had done prior to the Pandemic. Over the past three months, an average of ten (10) members of the public have participated in the General Public Comment period at each meeting. An average of seven (7) have participated in-person and an average of four (4) have called-in.
Table A shows a summary of the Public Comment participants during Regular Meetings and Public Hearings. During this three-month timeframe , th ere was only one meeting where members of the public participated in the in-person public comment period after each report to Council. This was on Tuesday, July 12 th after City Clerk Zizette Mullins presented a report on the appointment to fill 30+ vacancies on various City of Burbank Boards, Commissions, and Committees. As shown on Table A, there is a decent number of members of the public who use the call -in option during public comment. This can be attributed to the fact that people feel safer calling in from home and it is also easi er and less time consuming. With the number of participants using the call -in option, staff recommends that Council maintain this option available to the public.
3 Table A: Public Comment Participants at City Council Meetings General Public Hearing Reports
Meeting
Date In Person Call-In In Person Call-In In Person May 3rd 3 6 0 0 0
May 17th 2 2 0 0 0
May 24th 0 0 0 0 0
June 7th 18 7 0 4 0
June 21st 5 3 n/a n/a 0
July 12th 12 5 n/a n/a 6
July 19th 7 3 n/a n/a n/a
Call-in Process
Currently, 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. In addition, one staff from the Information Technology Department is available to troubleshoot should an issue arise. The average cost to run the call-in public comment period per meeting is $3,000.
Giving members of the public the opportunity to call-in during the public comment period has proven to be valuable to the community and it is important that this option continue.
Although the current process has worked for the past two years, it is necessary to simplify the process should Council choose to continue the call -in option. Staff from the City Manager’s Office and the Information Technology Department have been researching and testing a new web -based program that would significantly reduce the c ost and the number of staff required to run the call-in public comment option. Should Council decide to continue the call-in option, staff is prepared to launch the new program by September.
It is important to note that the public comment phone number would remain the same and the caller would notice minimal changes.
Public Comment after Reports to Council
For better meeting management and decreasing any chance of confusion fo r members of the public, staff recommends removing the in-person public comment after each report to Council. As noted on Table A, there was only one meeting (out of seven) where six (6) members of the public participated during the in-person public comment period after a report to Council: more specifically four (4) speakers after one report and two (2) speakers after the second. The option to email City Council directly, E-comments, and both the call- in and in-person options during General Public Comment would continue.
4 Boards and Commissions
At the June 21, 2022, meeting, Council Member Frutos asked if there was an option for members of the public to participate in the Boards and Commissions meetings remotely during in-person meetings. A similar question has been asked regarding the ability for members of the Boards and Commissions to participate in the meeting remotely.
More commonly known as The Brown Act, California Government Code 54953(e)(1), has legal requirements the City must abide by if Council chose to resume virtual meetings as was the case prior to May 3, 2022. The following applies to virtual meetings during a state of emergency and include all public meetings in the city. (A) The legislative body holds a meeting during a proclaimed state of emergency, and state o r local officials have imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
The City of Burbank complied with the requirements of the Government Code through AB 361 when it adopted findings every 30 days to continue virtual meetings for City Council and all other city Boards, Commissions and Committees during the Pandemic. Pursuant to the Brown Act, if Council chose to resume virtual meetings, Council would have to determine that there is an imminent risk to the health or safety of attendees of an in - person meeting. Staff is not recommending that the Council take this action and return to virtual meetings for the Council and Boards and Commissions. If Council was not able to make these emergency findings, the traditional Brown Act meeting and teleconferencing meeting requirements would apply, including:
• A quorum of the local body shall be physically present within the local body’s boundaries;
• The meeting and all teleconference locations must be physically accessible to the public;
• The address of the teleconference location shall be included on the agenda; • An agenda shall be posted at each teleconference location; and, • Public participation must be allowed at the meeting and all teleconference locations.
Regarding the public participating in the Boards and Commissions meetings remotely during in-person meetings; the Boards and Comm issions meetings are held in various locations throughout the City and not al l the rooms have the Audio Visual equipment necessary to properly host remote participants during in-person meetings. Hosting public meetings on a virtual platform is a production that requires at least two staff and, as we 5 have seen over the past two years, can be costly. In addition, virtual meetings have proven to be less engaging , have low participation, and are prone to interruptions from technical glitches.
Table B shows a summary of the Public Comment participants during the Boards and Commission meetings. As seen on the table, the public participation during public comment is low at these meetings. The overall cost and legal requirements to host virtual meetings outweighs the value.
Table B: Public Comment Participants at Boards & Commission Meetings May June July
In
Person
Call-
In
In
Person
Call-
In
In
Person
Call-
In
Art In Public Places Committee Dark Dark 1 0
Board of Library Trustees 0 0 0 0 Dark
Burbank Cultural Arts Commission 1 0 1 0 Dark
Burbank Water and Power Board 0 0 0 0 Dark
Civil Service Board 0 0 0 0 0 0
Heritage Commission Dark Dark Dark
Infrastructure Oversight Board 0 0 0 0 Dark
Landlord-Tenant Commission 0 1 2 0 3 0
Park, Recreation and Community
Services Board 1 0 6 1 Dark
Planning Board * 0 1 Dark Dark
Police Commission 0 0 1 0 3 1
Senior Citizen Board 1 0 Dark Dark
Sustainable Burbank Commission 0 2 1 0 0 1
Transportation Commission 1 3 3 1 0 1
Youth Board 0 0 Dark Dark
* Planning Board was dark on July 11 th. This report was distributed prior to the July 25 th meeting.
Should Council vote to continue the call-in public comment and communication process for all in -person public meetings, members of the public will continue to have both the call-in and in person options for public comment at all Board, Commission, and Committee meetings. In addition to all the other ways members of the public can interact with the Council and the City of Burbank.
In addition, the web-based program staff is currently testing for Council meetings will be offered to other Boards & Commissions. Ultimately, it would be at the discretion of the 6 staff that supports the Boards & Commissions to use this program or continue their current process.
FISCAL IMPACT
Continuing the call-in public comment and communication process for all in-person public City Council, Board, Commission, and Committee meetings—minus the in-person public comment after reports to Council—will not result in any new or added cost from what the City has been incurring since April 2020. On the other hand, there would be a significant cost savings, and reduction in the number of staff needed in the process, with the implementation of the web-based program staff has been testing.
CONCLUSION
The public c omment period is a valuable part of every public meeting. During the Pandemic, City Council and staff ensured this period remained available to the community during virtual meetings through a call -in option . With the return to in -person public meetings and the continuation of the call-in option, it is evident that members of the public do participate in this option, and it is important for the Council to continue to offer it.
ATTACHMENT
None.