Administrative
Report
P.1., File # 22-3560 Meeting Date: 1/11/2022
To: MAYOR AND CITY COUNCIL
From: MIKE WITZANSKY, CITY MANAGER
ELEANOR MANZANO, CITY CLERK
TITLE
DISCUSSION AND POSSIBLE ACTION REGARDING COUNCIL PARTICIPATION IN FUTURE
PUBLIC MEETINGS VIA TELECONFERENCE PURSUANT TO THE BROWN ACT
EXECUTIVE SUMMARY
The City Council discussed making permanent the ability to participate in future City Council meetings via teleconference (following conclusion of the COVID-19 Pandemic) on two occasions, July 20, 2021 and September 7, 2021. During the last discussion, the Council directed the City Clerk’s Office to prepare edits to the City’s Rules of Conduct for Council Meetings to officially allow for teleconference participation (see attached). The drafted teleconference rules address 1) user prioritization, 2) advanced notification responsibilities, 3) agenda posting requirements, 4) remote conference room scheduling and costs, and 5) City provision of laptops.
This item provides the City Council an opportunity to review the meeting rules changes drafted by the City Clerk and provide direction on any final edits. After compiling the edits, the Rules of Conduct for Council Meetings will be returned to the City Council for consideration of approval.
COORDINATION
This report was coordinated by the Offices of the City Manager, City Clerk, and City Attorney.
FISCAL IMPACT
The technology for the videoconferencing capability in the City Council Chambers needed to facilitate remote participation in City Council meetings was installed as part of the recently completed City Council Chambers Improvements Project. Funding for the individual City laptops needed for periodic remote meeting use is available in the City’s Technology Equipment Replacement Fund.
ATTACHMENTS
1. City Clerk Drafted Edits to the City’s “Rules of Conduct for Council Meetings” Policy
2. September 7, 2021 City Clerk Admin Report on Meeting Participation Via Teleconference
3. July 20, 2021 City Council Meeting Materials for the Council Participation in Public Meetings Via Teleconference Discussion
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RULES OF CONDUCT
FOR
COUNCIL MEETINGS
ADOPTED JULY 11, 1977
Amended: September 16, 1986
April 12, 1988
June 1, 1993
July 6, 1993
September 18, 2018
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RULES OF CONDUCT FOR CITY COUNCIL MEETINGS
It is the policy of the Redondo Beach City Council to:
1) Provide an opportunity for public input on all matters of City business; and 2) Conduct its meetings in an efficient, business-like manner.
To achieve this goal, the City Council has adopted certain rules and procedures governing the conduct of its meetings. Your compliance with these Rules of Conduct is appreciated.
I. COUNCIL PARTICIPATION VIA TELECONFERENCE UNDER PROVISIONS OF
THE BROWN ACT AND CITY CHARTER
The City Charter requires that a quorum of the members of the City Council must be present in the Chamber in order to call a meeting to order, thus only two members of the City Council and the Mayor may participate in meetings by remote location(s) under normal or regular (non-emergency) circumstances. Public access and participation must also be accommodated by the Councilmember or Mayor at the remote location.
A. First-come, first-served basis - the first two Council members to notify the City Clerk shall be given priority and may participate in City Council meetings virtually, either by cell phone and/or Zoom teleconference.
1. Priority shall be given for remote participation for reasons of medical issues.
B. Notification to the City Clerk ([email protected]) and Mayor via email by each Thursday before 10 a.m. preceding each published Tuesday City Council meeting agenda, and shall include the following information.
1. Name and address of remote location or hotel (by law, this information will be included on the posted Agenda); and
2. Cell phone number of Council or Mayor participant.
C. Posting of Agenda: The Councilmember or Mayor shall cause the City Council Agenda to be posted at the door of the room, conference room, or front door of residence where the Councilmember will remotely participate in the meeting.
1. Proof of Posting: The Councilmember and/or Mayor will announce at the City Council meeting that the agenda was posted at the remote location accordingly to law (either 72 hours in advance of the Regular Meeting or 24 hours in advance of a called Special Meeting) for the record.
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D. Costs: For use of a hotel conference room, if arranged by the Councilmember and/or Mayor, costs shall be paid from Mayor and Council travel budget. (Hotel staff/concierge may post Council Agenda at publicly accessible location.)
E. Computer on Loan – Upon the request of the Councilmember or Mayor, the City IT Department may loan a laptop computer for their use at remote locations.
I. II. CONSENT CALENDAR
A. All business items, except those formally noticed for public hearing, are placed on the Consent Calendar.
B. The Mayor will ask whether any member of the City Council or any member of the public wishes to have a Consent Calendar Item(s) “pulled for discussion” and acted upon separately. Items removed from the Consent Calendar will be taken up under the section “Items fFor Discussion Prior to Action.”
All remaining items on the Consent Calendar will be approved in one motion; the title of all ordinances and/or resolutions will be read in full by the City Clerk.
II. III. QUASI-JUDICIAL PUBLIC HEARINGS (i.e. land use applications or appeals; licenses; permits)
A.C. All public hearings shall be conducted in accordance with the following sequence of steps:
1. Announcement and motion to open public hearing;
2. Motion to receive and file affidavit of publication, case file, and written correspondence;
3. Staff presentation;
4. Public testimony and presentation of evidence;
a. Proponent maximum of 1 hour;
b. For one appellant a maximum of 1 hour, 2 appellants, a maximum of 45 minutes each, and 3 appellants or
more, 30 minutes each;
c. Public comment 3 minutes each;
d. Appellant rebuttal 20 minutes for each appellant;
e. Proponent rebuttal 20 minutes x number of
appellants.
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5. City Council questions;
6. Motion to close public hearing;
7. City Council discussion and debate;
8. Motion and action.
B.D. After the hearing has been closed, no person shall address the City Council unless the public hearing is re-opened by a majority vote of the Council. A public hearing shall be re-opened only when there is additional relevant evidence that could not have been presented during the scheduled opportunity for public testimony.
C.E. The Mayor, members of the City Council, and City staff shall refrain from interrupting a speaker during his/her allotted time for public testimony. Questions and/or responses shall be held until the end of the speaker’s full presentation.
III.IV. ITEMS PULLED FROM THE CONSENT CALENDAR FOR DISCUSSION A.a. These agenda items shall be considered in accordance with the following sequence of steps:
1.i. Introduction of item;
2.ii. Staff presentation, if required;
3.iii. Public comment and/or questions;
4.iv. City Council questions;
5.v. City Council discussion and debate;
6.vi. Motion and action.
B.b. After a motion has been made, no person shall address the City Council without first securing permission of the presiding officer.
C.c. The Mayor, members of the City Council, and City staff shall refrain from interrupting a speaker during his/her allotted time for public testimony. Questions and/or responses shall be held until the end of the speaker’s full presentation.
IV.V. PUBLIC PARTICIPATION – RULES PERTAINING TO ALL PUBLIC
TESTIMONY
A.a. Public Participation on non-agenda items will follow Public Hearings;
B.b. The “public participation” portion of the agenda shall be reserved for the public to address the City Council regarding general problems, questions or complaints.
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C.c. No person shall address the City Council without first being recognized by the presiding officer.
D.d. Each person wishing to address the City Council shall step to the microphone, clearly state his/her name and address for the record, state the subject he/she wishes to discuss, and proceed with his/her remarks.
E.e. Remarks shall be limited to three (3) minutes.
F.f. In situations where an unusual number of people wish to speak on an item, the presiding officer may place reasonable limits upon the time allocated for that item, and for each individual speaker. Such time limits shall allow for full discussion of the item by interested parties or their representative(s). Groups are encouraged to designate a spokesperson who may be granted additional time to speak.
G.g. All remarks shall be addressed to the City Council as a whole and not to any member thereof. No questions shall be directed to a member of the City Council or the City staff except through, and with the permission of, the presiding officer.
H.h. Speakers shall confine their remarks to those which are relevant to the subject under consideration.
I.i. Speakers are encouraged to present new evidence and points of view not previously considered, and avoid repetition of statements made by previous speakers.
J.j. No person shall speak twice on the same item without first securing permission of the presiding officer; such additional remarks shall be limited to one (1) minute.
V.VI. RULES AND ENFORCEMENT OF DECORUM
A.a. The Mayor, or in his/her absence, the Mayor Pro Tempore, shall be the presiding officer at all regular and special meetings of the City Council. The presiding officer shall enforce these procedural rules of conduct. The Chief of the Police, or his designated representative, shall be the sergeant-at-arms of the City Council meetings.
B.b. Procedural rulings a subject to the concurrence of the City Council. Any member of the City Council may move to require the presiding officer to enforce the rules and the City Council, by majority vote, may require him/her to do so.
C.c. Any person making impertinent, slanderous, or profane remarks, loud or unusual noise, or who becomes boisterous, threatening, or offensive while addressing the City Council, so as to interrupt the orderly conduct of the meeting, or who fails to step down and yield the floor after allotted time for remarks has expired, shall be called to order by the presiding officer.
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D.d. The presiding officer shall be mindful of the following sanctions which may be applied in appropriate circumstances:
Government Code Section 54957.9:
In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. RDuly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section.
Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
Penal Code Section 403:
Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred tosuch as is mentioned in Section 302 of the Penal Code and Section 183429440 of the Elections Code, is guilty of a misdemeanor.
VI.VII. CLOSED SESSIONS
If Closed Sessions are to be held, pursuant to Sections 54956.7, 54956.8, 54956.9 and 54957 of the Brown Act, they will be scheduled as the last items on the Agenda.
VII.VIII. MEETING ADJOURNMENT
As a general guideline, the City Council intends to conclude its meetings at or before 11 p.m. At 10:30 p.m., or as soon thereafter as possible, the City Council will determine which remaining agenda items, if any, will be considered after 11 p.m. Any agenda items not completed will be carried over to the following Tuesday.
Amended: September, 16, 1986; April 12, 1988; June 1, 1993; July 6, 1993; September 18, 2018; and December **, 2021.
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Administrative
Report
P.2., File # 21-2930 Meeting Date: 9/7/2021
To: MAYOR AND CITY COUNCIL
From: ELEANOR MANZANO, CITY CLERK
TITLE
DISCUSSION AND POSSIBLE ACTION TO APPROVE COUNCIL PARTICIPATION IN PUBLIC
MEETINGS VIA TELECONFERENCE UNDER THE BROWN ACT
EXECUTIVE SUMMARY
The City Council is asked to consider parameters of the Brown Act that provides for Councilmembers to participate in publicly noticed meetings via teleconference methods after the Governor’s COVIDera Executive Order expires effective October 2, 2021, and to determine if it is permissible for this Council to do so and, if so, to determine any applicable procedures to be included in the Rules of Conduct.
BACKGROUND
On July 20th, the City Council reviewed and discussed provisions of the Governor’s Executive order relaxing certain Brown Act provisions to allow for all-teleconference meetings which, currently, is scheduled to expire October 1, 2021 and the more stringent provisions of the Brown Act (Government Section 54953) pertaining to the allowance of teleconferencing. As with many other California cities, Redondo Beach implemented ZOOM to allow for legislative members to meet electronically via video teleconference while providing continuity of governing with safe public meetings per City Charter.
Upon expiration of the Governor’s Executive order, when all meetings resume in Council Chambers effective October 1, Council and all persons (and all legislative bodies) that are present in the Chamber will be required to wear face coverings until such time the CDC updates their guidelines. A quorum of Council and legislative bodies must be present in person in the Chamber.
As reviewed by the City Attorney in July, the Brown Act (GC 54953) already allows for teleconferencing-members are in different locations, connected by electronic means through audio and/or video, but with posting and public access requirements; and, all votes during a teleconference meeting must be conducted by roll call.
Council provided direction to proceed with further research of other cities’ teleconferencing procedures, and to return with examples and/or questions that must be addressed to move forward. A Clerks’ list serve inquiry, direct contact with other cities and RBUSD found no specific policy documents (except for RBUSD bylaws; attached), but rather that they generally follow Brown Act
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P.2., File # 21-2930 Meeting Date: 9/7/2021
stipulations in terms of appropriate agendizing and posting procedures for teleconferencing.
The following is a list of logistical considerations that need to be answered to formulate future direction for teleconferencing.
1. Priority of whom may participate by teleconference outside of the City.
During the teleconference, per the Brown Act, at least a quorum (three members) of the City Council shall participate either in the Chamber or from locations within City limits. However, it is important to note that the City Charter (Section 9.4; attached) requires that all meetings be convened in the Chamber unless there is a public emergency and it becomes unsafe or impractical to hold a meeting in the Chamber; thus, a quorum--three members of Council--must be present in the Chamber to call a meeting to order, essentially only allowing for two (2) members of the Council to participate by remote location under normal or regular circumstances.
Council is asked to determine how they will prioritize which two Council members may participate by remote location. Council may consider a first-come, first-served method whereby priority is set in the order of email notification received by the City Clerk’s office.
2. Advanced notice required for Councilmembers to advise the City Clerk’s Office of their planned remote location.
The City Clerk’s office must post the Agenda for Regular Meetings a minimum of 72 hours in advance (24 hours for Special Meetings) of the scheduled meeting, which generally is on Thursdays preceding the Tuesday City Council meeting when City Hall is closed on “Flex” Fridays, or on Fridays preceding the Tuesday City Council meeting when City Hall is scheduled to be open. At time of notification, the City Clerk’s office will require the name and address of the facility and the information shall be included on the face of the published agenda. By the same token, teleconferencing participation from home must include public access and the ability for the members of the public to participate.
3. Agendas must be posted and proof of posting required at all remote locations.
Agendas must be posted by the Councilmember at each remote location upon publication of the Agenda (or a minimum 72 hours in advance of a Regular meeting, or 24 hours in advance of a Special Meeting, whichever comes first). The City Clerk will confirm verbally at the meeting with the Councilmembers who are participating remotely that the agenda has been posted according to law.
Additional logistics to be determined:
Technology: Is the Councilmember’s cell phone speaker sufficient, or, if at a hotel, does the hotel room telephone have a speaker function? Any member of the public in attendance at the remote location must be provided opportunity to speak.
If public accessibility to member’s location is not practical, who bears any associated costs to provide for publicly accessible meeting space and/or equipment, e.g., conference room and/or speaker
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P.2., File # 21-2930 Meeting Date: 9/7/2021
phone?
Closed Session: When Council recesses into Closed Session, can the Councilmember make certain, as practicable, that public members present during Open Session cannot hear discussions while in Closed Session?
COORDINATION
The City Attorney and IT Department have provided input into this report.
FISCAL IMPACT
None
ATTACHMENTS
RBUSD BYLAWS - Excerpt pertaining to teleconferencing
City Charter - Section 9.4 Place of meetings.
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Excerpt of RBUSD – Board of Education Bylaws re:
Teleconferencing
A teleconference is a meeting of the Board in which Board members are in different locations, connected by electronic means through audio and/or video. (Government Code 54953) The Board may use teleconferences for all purposes in connection with any meeting within the Board's subject matter jurisdiction. All votes taken during a teleconference meeting shall be by roll call. (Government Code 54953)
During the teleconference, at least a quorum of the members of the Board shall participate from locations within district boundaries. (Government Code 54953) Agendas shall be posted at all teleconference locations and shall list all teleconference locations whenever they are posted elsewhere. Additional teleconference locations may be provided to the public. (Government Code 54953)
All teleconference locations shall be accessible to the public. All teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the Board, including the right of the public to address the Board directly at each teleconference location. (Government Code 54953) All Board policies, administrative regulations, and bylaws shall apply equally to meetings that are teleconferenced. The Superintendent or designee shall facilitate public participation in the meeting at each teleconference location.
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8/26/2021 Sec. 9.4. Place of meetings.
www.qcode.us/codes/redondobeach/?view=desktop&topic=official_charter-ix-9_4 1/1 Redondo Beach Municipal Code
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OFFICIAL CHARTER
Article IX. Legislative Department
Sec. 9.4. Place of meetings.
All meetings shall be convened in the Council Chambers of the City Hall, but may be thereafter adjourned when necessary or convenient to such other location as may be selected by the City Council. Except as provided by law, all meetings of the City Council shall be open to the public. If by reason of any public emergency in the City it becomes unsafe or impractical to hold the City Council meetings in the City Hall, then and in that event, the City Council may hold its meetings at such place as is designated by the Mayor or by a majority of the City Council until such condition is alleviated.
*9.4, 9.5—as amended by election 3-8-83.
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