City Council Agenda Report
Meeting Date: March 7, 2023
From: Lisa Pope, City Clerk
Department: City Clerk
Submitted by: Lisa Pope, City Clerk
Subject
Conduct of Meetings via Teleconference
Recommendation
Receive and file update on teleconferencing provisions.
Background
Due to COVID-19 and the City’s Emergency Proclamation in 2020, the City Council, Commissions and Committees have utilized remote and hybrid meetings.
On October 21, 2021, the City Council adopted Resolution No. 2021-36 authorizing continued conduct of City Council and all other City legislative body meetings via teleconference, in accordance with Assembly Bill 361 (AB 361). AB 361 authorized local agencies to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act during a declared state of emergency.
Additionally, on September 13, 2022, Governor Newsom signed Assembly Bill 2449 (AB 2449) temporarily allowing less than a quorum of a legislative body to attend public meetings remotely without posting their location and removing the requirement for public participation in a nonpublic location. Effective January 1, 2023 through December 31, 2025, the new AB 2449 teleconferencing rules are optional and in addition to the traditional teleconferencing rules in Government Code Section 54953.
On February 28, 2023, Governor Gavin Newsom ended the COVID-19 state of emergency, which in turn eliminated the teleconference provisions of AB 361.
Under the pre-pandemic Brown Act teleconferencing provisions, set forth in Government Code Section 54953(b), the following requirements apply: 1) publishing teleconference location on the agenda; 2) posting the agenda at the teleconference location; 3) allowing public access at the teleconference location; 4) allowing the public to address the legislative body at teleconference locations; 5) having at least a quorum of the legislative body to participate within the City; and 6) conducting all votes by roll call.
The procedures to utilize teleconference options under AB 2449 have been described by the League of California Cities as “onerous”. Under AB 2449 (codified in Government Code Section 54953(f)), a quorum of the body must participate from a single physical, public location identified on the agenda and within the body’s jurisdiction. If a physical quorum is met, AB 2449 permits a member of the body who is not physically present to request to remotely attend (a) for "just cause" (childcare or caregiving need, contagious illness, defined physical or mental disability, or traveling on official business of the body or another state or local agency), and (b) where approved by the body, due to "emergency circumstances" ("physical or family medical emergency that prevents a member from attending the meeting in person," although confidential personal medical information is not required to be disclosed).
There are additional requirements for remote appearances under AB 2449: (a) the member of the body attending remotely must publicly disclose (before any action is taken at the meeting) whether anyone over 18 years old is in the room at the remote location, and the member's relationship with that person; (b) the member must participate using both audio and video means; and (c) the member cannot participate remotely for more than three consecutive months or 20 percent of the regular meetings in a calendar year, and if the body meets fewer than 10 times per calendar year, the member's remote participation cannot be for more than two (2) meetings.
There are also annual limits on the of use of the "just cause" circumstance and technology requirements for posting of agendas and the conduct of remote meetings under this law, including requiring that public comment be allowed by calling in, internet-based (Zoom, etc.), and at the inperson location of the meeting.
The requirements outlined above pertain to members of the legislative bodies and their ability to participate remotely, and do not apply to the public, meeting presenters, or staff.
With the end of the COVID-19 state of emergency, all City legislative meetings will now be held in person in the Council Chambers. Staff is continuing to evaluate and assess available teleconferencing provisions and requirements under Government Code Section 54953.
Fiscal Impact
There is no fiscal impact associated with this report.
Attachments
None.