7 1
5 DATE: September 16, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Priscilla Schaus, Communications Director/City Clerk DEPARTMENT: Communications/City Clerk
SUBJECT: PUBLIC COMMENT VIA TELECONFERENCE (ZOOM) AT
PUBLIC MEETINGS
RECOMMENDATION
It is recommended that the City Council, by Minute Order, provide policy direction on whether to continue or discontinue accepting public comments via Zoom at future City Council and commission/committee meetings, except where remote public comments are necessary because of legal considerations or emergency circumstances.
BACKGROUND/ANALYSIS
At the Regular City Council meeting of June 17 2024, Councilmember Froomin requested to agendize the discontinuation of public comment via teleconference and received support from Mayor Sullivan and Vice Mayor Jimenez to agendize the item.
The Brown Act (CA Government Code Sections 54950 et seq.) requires that the City Council conduct business in open, public, and noticed meetings. The City is not obligated to provide Zoom participation options in its regular meetings.
In 2020, COVID-19 shutdowns restricted in person gatherings throughout the City of Foster City and beyond. In an effort to hold public meetings and allow for public comment, the City decided to start hosting virtual meetings. When the shutdowns were lifted, the City was one among the first cities in the County to adopt a hybrid model, combining in person meetings with virtual participation.
7 1
5 While the virtual public comment assisted in keeping the public engaged, it has led to some unintended consequences, particularly “Zoom Bombings.” Foster City was subject to a Zoom bombing incident at its June 3, 2024 meeting. There were some other instances in the past when these disruptions have occurred. These disruptions involve anonymous callers making offensive, racist, antisemitic, or profane comments via Zoom.
Such incidents have forced many cities to prolong their meetings by hearing disruptive comments not within the City’s subject matter or end their meetings prematurely, impeding the Council’s ability to address City agenda items and conduct City business.
Currently, the public can provide feedback to the City Council in the following ways:
• Attend meetings in person and provide verbal comments; • Email the City Council prior to the meeting by sending their comments to [email protected]. These comments are not read into the record during the meeting, but are uploaded to the meeting supplemental documents, and included in the meeting minutes; and
• Provide virtual comments verbally via Zoom.
Given City Council’s interest to prevent the occurrence of these issues, staff is seeking City Council direction on whether to continue or discontinue accepting public comments via Zoom. If public comments on Zoom were not offered, the public would still have the option to either come to a Council meeting in person to provide verbal comments or email [email protected] and their comment would be provided to the City Council prior to the meeting and included in the meeting minutes. Similar to when the City Council transitioned to hybrid meetings, staff is recommending that the City Council make a decision whether to continue or discontinue accepting public comments via Zoom, and have that decision apply to Council meetings and all commission/committee meetings that are being held in a hybrid format. Affected commission/committee meetings would include the Planning Commission, Citizens Sustainability Advisory Committee, and Parks and Recreation Committee.
City staff notes that there may be times where remote public comments are necessary because of legal considerations or emergency circumstances. For example, the City will be conducting public hearings in October and November to transition to district-based elections. In order to encourage public engagement in that process, City staff is planning to offer remote public comment via zoom, consistent with the requirements for redistricting in the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (FAIR Maps Act) and consistent with the general intent of the California Voting Rights Act. Moreover, there may be emergency circumstances that warrant a completely remote meeting and/or remote participation by the public, such as during periods of proclaimed states of emergency where state or local officials have imposed or recommended social distancing.
If the Council is inclined to provide direction to no longer allow public comment via Zoom, then the Council should allow exceptions in those circumstances where remote public comments are necessary because of legal considerations or emergency circumstances. The City Manager, in consultation with the City Attorney would 7 1
5 generally make the determination whether public comment via Zoom should be allowed in those circumstances.
If Council provides direction to no longer allow public comment via Zoom, staff will ensure that the public is notified of this decision via the following channels:
•City Council and Commission/Committee agendas
•E-News
•City Website
•Social Media
California Environmental Quality Act
Not Applicable
FISCAL IMPACT
There is no fiscal impact with this action.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement ATTACHMENTS:
None