Pasadena City Council
November 21, 2022

Department of Information TechnologyPROVIDE DIRECTION FOR RETURNING TO IN-PERSON PUBLIC MEETINGS OF CITY LEGISLATIVE BODIESDepartment of Information Technology November 21, 2022 Department of Information TechnologyAgendaPART I – Councilmember Remote Participation >Returning to In-Person Meetings>Brown Act Rules & Changes>No Council Action NeededPART II – Public Comment (In-Person & Remote)>Discuss Options>Council to Provide Direction to Staff2 Department of Information TechnologyWhen will in-person meetings resume?1.If Council does not adopt an AB 361 compliant resolution – Agenda Item #16 >In-person meetings return November 232.Governor ends the COVID-19 State of Emergency>Anticipated to end on February 28, 2023>In-person meetings return March 1, 20233.AB 361 sunsets on January 1, 2024>In-person meetings return January 2, 2024>AB 361 suspended the Brown Act rules for remote participation•Zoom, or equivalent, will remain available for Council remote participation, with advanced notice3 Department of Information TechnologyBrief Summary of Brown Act RulesBrown Act (Pre-Pandemic)AB 2449 – NEW Effective 1/1/2023Member Remote RulesPhysical location of remote member noted on meeting agendaRemote location must be made accessible to the publicPublic comment must be allowed from remote locationMeeting agendas must be posted at remote location Two circumstances allow a remote member to not follow Brown Act (Pre-Pandemic) remote meeting rules, subject to additional requirements and limitations: 1. Just cause - Defined as caregiving, contagious illness, disability, or travel for state/local agency business2. Emergency circumstancesUse of “emergency circumstances” requires member to make request and the legislative body to take action to approve the request Remote member must participate using both audio and video Before any action taken, remote member must publicly disclose whether anyone over 18 years old is in the room and relationship with that person4 Department of Information TechnologyBrown Act (Pre-Pandemic)AB 2449 – NEW Effective 1/1/2023Other RequirementsQuorum of body must participate from within City limitsQuorum of members must be physically present in a singular location Public comment must be allowed remotelyLimitations“Just cause” limit of two occasions per year“Emergency circumstances” limit of three consecutive months or 20% of regular meetings per yearAB 2449 sunsets 1/1/2026Other ImpactsThe legislative body cannot take any action if remote public participation is interrupted, e.g. technology issue Brief Summary of Brown Act Rules
5 Department of Information TechnologyOverlapping Brown Act Rules1.Until January 1, 2023ௗa.Pre-Pandemic Brown Act Rules ௗb.AB 361 (resolution required)ௗ2.January 1, 2023 to January 1, 2024ௗa.Pre-Pandemic Brown Act Rulesௗb.AB 361 (resolution required; will be inapplicable when/if Governor terminates COVID-19 state of emergency)ௗc.AB 2449 (just cause or emergency circumstances required) 3.January 1, 2024 to January 1, 2026 ௗa.Pre-Pandemic Brown Act Rulesௗb.AB 2449 (just cause or emergency circumstances required)ௗ4.January 1, 2026 and going forwardௗa.Pre-Pandemic Brown Act Rules onlyௗ6 Department of Information TechnologyPART II: Public Comment•Effective engagement and deliberations of Council and other legislative City bodies•Robust local public participation from throughout the community•Complexity of meeting management due to process and technology requirements7 Department of Information TechnologyPublic Comment History•In-Person Meetings (prior to March 2020)>Written Correspondence>In-Person OnlyPublic Speakers•Fully Remote Meetings (March 2020-Today)>Written Correspondence>Remote OnlyPublic Speakers•In-Person Meetings (Going Forward/TBD)>Written Correspondence>For Council Discussion:Public Speakers: In-person only or offer remote option?Remote option for City Council? Council Committees? Other bodies?8 Department of Information TechnologyBackground Included in Agenda Report•Six months of public comment statistics of all legislative bodies•Survey of meeting formats of LA County cities>Notable results: City of Long Beach & City of Santa Monica provide in-person public comment only•Summary of costs and complexity of running remote meetings>Current annual support costs approximately $200,0009 Department of Information TechnologyStaff Recommendation•Recommend Options 1 through 4, in order:>Least to most complex to implement and manage >Lowest to highest cost to support>Over a 10-year horizon estimated costs $2.5 – $7 million•Recommend taking incremental steps and revisit impact, effectiveness, and costs over time•Recommend Council consider how best to apply public comment options across all legislative bodies10 Department of Information TechnologyCouncil Ad Hoc Committee Review•Council Ad Hoc Committee to Review Return to In-person Meetings convened on November 18th•Committee Recommendation:>Option 1 – Return to In-Person Public Comment Only>Revisit expanding public comment options in the future >Approve AB 361 resolution (Agenda Item #16) to extend remote meetings 30 days (through December 21) to allow for other legislative bodies time to prepare for return to in-person meetings>Staff to provide information on operational readiness to resume in-person on December 5th.11 Department of Information TechnologyStaff Recommendation1. In-person public comment only(Remote public comment required when using AB 2449 circumstances)2. Remote public comment at City Council only3. Remote public comment at City Council & Council Committees4. Remote public comment for all bodiesCost Reduction: $200,000 Annually10-Year Cost: N/AEstimated Cost: $250,000 Annually10-Year Cost:$2.5MEstimated Cost:$300,000 Annually10-Year Cost:$3MEstimated Cost: $700,000 Annually10-Year Cost:$7M$200,000 Technology UpgradesReady to Implement Ready to Implement Ready to Implement Available early CY 202312 Department of Information TechnologyAppendix•Staff Recommendation Detail•Brown Act Change History & Overlap•Remote Meeting Analysis Detail 13 Department of Information TechnologySuggested Meetings Options1.Return to all in-person meetings (Pre-Pandemic)>Public comment available in-person only and through written correspondence>City Council meetings will be broadcast live through KPAS and online streaming only>Cost Reduction $200,000; NET Decrease $200,000>Ready to Implement14 Department of Information TechnologySuggested Meetings Options2.Remote public comment at City Council only>City Council meetings broadcast live through Zoom, or similar virtual meeting technology (in addition to KPAS and online streaming). >Increased staff and technology required to support simultaneous in-person and remote meeting>Estimated Cost: $250,000; NET increase $50,000>Ready to ImplementTotal # of Public SpeakersBodyApril 2022May 2022June 2022July 2022Aug 2022Sept 2022City Council 158 66 30 72 91 7915 Department of Information TechnologySuggested Meetings Options3.Remote public comment at City Council & Council Committees >City Council and Council Committee meetings broadcast live through Zoom, or similar virtual meeting technology (in addition to KPAS and online streaming). >Estimated Cost: $300,000; NET Increase $100,000>Ready to ImplementTotal # of Public SpeakersBodyApril 2022May 2022June 2022July 2022Aug 2022Sept 2022EdTech 0 4 7 0 8 0Finance 2 0 7 0 0 2Legislative Policy 1 0 3 0 0 0Municipal Services 1 3 0 6 5 29Public Safety 0 20 2 7 7 316 Department of Information TechnologySuggested Meetings Options4.Remote public comment for all bodies>Boards and commission meetings broadcast live through Zoom, or similar virtual meeting technology. >City Council and Council Committee meetings broadcast live through Zoom, or similar virtual meeting technology (in addition to KPAS and online streaming). >Estimated Cost: $700,000; NET Increase $500,000>One-time Technology Investment: $200,000 >Ready early CY 2023Total # of Public SpeakersBodyApril 2022May 2022June 2022July 2022Aug 2022Sept 2022Community Police Oversight8 13 3 1 0 8Design6 20 1 2 9 7Planning40 14 29 72 17 6Transportation Advisory3 0 14 5 22 517 Department of Information TechnologyStaff Recommendation•Recommend Options 1 through 4, in order:>Least to most complex to implement and manage >Lowest to highest cost to support>Over a 10-year horizon estimated costs $2.5 – $7 million•Recommend taking incremental steps and revisit impact, effectiveness, and costs over time•Recommend Council consider how best to apply public comment options across all legislative bodies18 Department of Information TechnologyStaff Recommendation Summary1. In-person public comment only(Remote public comment required when using AB 2449 circumstances)2. Remote public comment at City Council only3. Remote public comment at City Council & Council Committees4. Remote public comment for all bodiesCost Reduction: $200,000 Annually10-Year Cost: N/AEstimated Cost: $250,000 Annually10-Year Cost:$2.5MEstimated Cost:$300,000 Annually10-Year Cost:$3MEstimated Cost: $700,000 Annually10-Year Cost:$7M$200,000 Technology UpgradesReady to Implement Ready to Implement Ready to Implement Available early CY 202319 Department of Information TechnologyBrown Act Change History•Pre-March 2020>Brown Act Teleconferencing Rules (Pre-Pandemic)•March 2020 >Executive Order N-29-20 suspended remote meeting requirements at the outset of COVID-19 pandemic>Council and all other legislative bodies may participate remotely•September 2021>AB 361 to supersede Executive Orders through January 1, 2024, or if Governor terminates COVID-19 state of emergencyRequires Council to adopt resolution every 30 days to continue remote meetings•September 2022>AB 2449 goes in effect on January 1, 2023 through January 1, 2026, updating Brown Act remote rules20 Department of Information TechnologyStatisticsTotal # of Public SpeakersBodyApril 2022May 2022June 2022July 2022Aug 2022Sept 2022City Council 158 66 30 72 91 79Council Committees (All)EdTech 0 4 7 0 8 0Finance 2 0 7 0 0 2Legislative Policy 1 0 3 0 0 0Municipal Services 1 3 0 6 5 29Public Safety 0 20 2 7 7 3Commissions (Partial List)Community Police Oversight 8 13 3 1 0 8Design 620 1 2 9 7Historic Preservation 0 11 3 7 0 6Planning 40 14 29 72 17 6Transportation Advisory 3 0 14 5 22 521 Department of Information TechnologySurvey of Public Meeting Format•Survey of LA County Cities>27 cities are conducting in-person meetings >24 cities are allowing a mix of in-person and remote options (labeled as hybrid) >6 cities are still fully remote >Notable results – City Council meetings in Santa Monica, Long Beach and Los Angeles are all in-person at the time of the surveySource: City of Calabasas Initiated Survey (September 2022)22 Department of Information TechnologySupporting Remote Meetings•Supporting remote meetings requires additional resources, technology skills, and capabilities. •Summary of resources increased/added since March 2020 to support fully remote meetings:>Virtual Meeting Technology (Zoom)>City Clerk Staff – Increased overtime>DoIT Staff - Added two DoIT staff to run virtual meeting technology>KPAS – Broadcast support for Council Committees>Equipment – laptops, cameras, headsets, etc.>On-demand tech support for remote participants>Language translation services>Estimated costs: $200,000 Annually23