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CC - CONSENT ITEM: Adoption of a Resolution Adopting City Council Policy Statement No. 3004 (Public Meeting Teleconference Attendance Options and Guidelines for Members of Legislative Bodies).
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Meeting Date: January 13, 2025
Contact Person/Dept.: Jeremy Bocchino/City Clerk’s Office
Monica Kilaita/City Attorney’s Office
Phone Number: (310) 253-5851
(310) 253-5660
Fiscal Impact: Yes [ ] No [X] General Fund: Yes [ ] No [X]
Attachments: Yes [X] No [ ]
Commission Action Required: Yes [ ] No [X]
Public Notification: (E-Mail) Meetings and Agendas - City Council (01/08/2025)
Department Approval: Jesse Mays, Assistant City Manager (12/11/2024); Heather Baker, City Attorney (12/23/2024)
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RECOMMENDATION
Staff recommends the City Council adopt a Resolution adopting City Council Policy Statement No. 3004 regarding public meeting teleconference attendance options and guidelines for members of legislative bodies.
BACKGROUND
The Ralph M. Brown Act (Brown Act) requires that, except as specifically provided, “meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body[.]” (Cal. Gov. Code § 54953(a).)
A legislative body may use “traditional” teleconferencing provided (i) at least a quorum of the legislative body participates in the meeting from locations within the agency’s boundaries; (ii) the agency gives notice of each teleconference location and posts an agenda at each teleconference location; (iii) public access is provided at each teleconference location; and (iv) members of the public are allowed to address the Council or the City’s other boards and commissions at each teleconference location. (Cal. Gov. Code § 54953(b)(3).)
On March 18, 2020, as a result of a statewide state of emergency declared on March 4, 2020 due to the COVID-19 pandemic, Governor Gavin Newsom issued Executive Order No. N-29-20 suspending the Brown Act’s requirements for in-person meetings and facilitating the use of teleconferencing from non-public locations for public meetings during the state of emergency. The Executive Order expired on September 30, 2021.
On September 16, 2021, Governor Newsom signed into law Assembly Bill (AB) 361. AB 361 amended the Brown Act provisions governing the use of teleconferencing for public meetings, allowing more flexible teleconferencing requirements to continue during proclaimed states of emergency where certain requirements were met. Governor Newsom lifted the COVID-19 state of emergency on February 28, 2023. Although AB 361 expired on January 1, 2024, AB 557, signed into law by Governor Newsom on October 8, 2023, maintains most of the AB 361 provisions (including teleconferencing from non-public locations) with some revisions, and eliminates any sunset date for said provisions.
On September 13, 2022, Governor Newsom signed into law AB 2449, which went into effect on January 1, 2023. AB 2449 allows for members of legislative bodies to teleconference under the Brown Act from non-public locations where “just cause” or “emergency circumstances” exist and certain requirements are followed. AB 557 maintains AB 2449’s sunset date of January 1, 2026, for such teleconferencing alternatives. Further, on September 22, 2024, Governor Newsom signed into law AB 2302, which revises the limits regarding the number of times members of legislative bodies may teleconference for “just cause” or “emergency circumstances.”
Additionally, on July 24, 2024, the California Attorney General issued Opinion No. 23-1002, confirming that the Americans With Disabilities Act (ADA) generally requires legislative bodies to allow teleconference attendance from a non-public location as a reasonable accommodation for a member with a qualifying disability that precludes their in-person attendance at meetings subject to the Brown Act.
DISCUSSION
The purpose of the proposed City Council Policy Statement No. 3004 (“Policy”) is to provide guidelines to and requirements for members of legislative bodies and City Staff regarding the following teleconferencing options available to members for attendance at public meetings: (1) “traditional” teleconferencing from public locations (City Council and Planning Commission only); (2) teleconferencing from non-public locations for Just Cause or Emergency Circumstances (City Council and Planning Commission only); (3) teleconferencing from non-public locations during a declared state of emergency (all legislative bodies); and (4) teleconferencing from non-public locations as an ADA accommodation (all legislative bodies).
The proposed Policy may be amended at any time by future action of the City Council.
FISCAL ANALYSIS
There is no fiscal impact associated with adoption of the proposed Policy.
ATTACHMENT(S)
1. 2025-01-13_ATT 1_Proposed Resolution Adopting Council Policy Statement No. 3004 Regarding Public Meeting Teleconference Attendance Options and Guidelines for Members of Legislative Bodies.
MOTION(S)
That the City Council:
Adopt a Resolution approving City Council Policy Statement No. 3004 regarding public meeting teleconference attendance options and guidelines for members of legislative bodies.