HomeMy WebLinkAbout2022-04-29; City Council Legislative Subcommittee; ; Brown Act Reform - Legislative Platform AmendmentCity Council Legislative Subcommittee
Meeting Date:
To:
From:
Item 3:
April 29, 2022
City Council Legislative Subcommittee
Jason Haber, Intergovernmental Affairs Director
Brown Act Reform -Legislative Platform Amendment
Recommendation:
Consider a proposed Legislative Platform amendment to include one or more position
statements in support of Brown Act reforms that would enable local jurisdictions to conduct
hybrid style (in person and virtual) meetings, for recommendation to the City Council.
Discussion:
At its meeting on March 15, 2022, the Subcommittee expressed an interest in supporting AB
1944 and AB 2449, two bills that propose reforms to the Ralph M. Brown Act, the state's public
meetings law, which requires that, with specified exceptions, all meetings of a legislative body
of a local agency be open and public and that all persons be permitted to attend and
participate.
AB 1944 (Lee) would require the legislative body's agenda to identify any member of the
legislative body that will participate in the meeting remotely. The bill would also require an
updated agenda reflecting all of the members participating in the meeting remotely to be
posted, if a member of the legislative body elects to participate in the meeting remotely after
the agenda is posted.
This bill would authorize, under specified circumstances and upon a determination by a
majority vote of the legislative body, a member to be exempt from identifying the address of
the member's teleconference location in the notice and agenda or having the location be
accessible to the public, if the member elects to teleconference from a location that is not a
public place.
This bill would require all open and public meetings of a legislative body that elects to use
teleconferencing to provide a video stream accessible to members of the public and an option
for members of the public to address the body remotely during the public comment period
through an audio-visual or call -in option.
This bill would repeal these provisions on January 1, 2030.
AB 2449 (Blanca Rubio) would authorize a local agency to use teleconferencing without
complying with those specified teleconferencing requirements if at least a quorum of the
members of the legislative body participates in person from a singular location clearly identified
on the agenda that is open to the public and situated within the local agency's jurisdiction. The
bill would impose prescribed requirements for this exception relating to notice, agendas, the
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means and manner of access, and procedures for disruptions. The bill would require the
legislative body to implement a procedure for receiving and swiftly resolving requests for
reasonable accommodation for individuals with disabilities, consistent with federal law.
While both of these bills would provide greater flexibility and options for conducting local
agency meetings, the city's Legislative Platform does not contain a position statement that
provides a clear basis for taking positions on them. As such, the Subcommittee is being asked to
consider a proposed legislative platform amendment to include one or more of the following
position statements in support of Brown Act reforms that would enable local jurisdictions to
conduct hybrid style (in person and virtual) meetings, for recommendation to the City Council:
• Support legislation that would increase civic participation and engagement, including
the continued allowance of subcommittees, advisory committees, and boards and
commissions to participate virtually (post COVID-19 state of emergency) without
physical location posting requirements under the Ralph M. Brown Act.
• Support legislation that would permit a minority number of council members to virtually
participate in meetings without having physical location posting requirements, so long
as a physical in-person meeting quorum is present.
• Support state funding efforts to assist with enhanced public access for members of the
community.
• Oppose legislation that increases the cost of municipal meetings and hearings through
unnecessary new requirements.
Next Steps:
If a proposed amendment to the Legislative Platform is recommended by the Subcommittee,
staff would work with the City Manager to place an item on a future City Council agenda for
consideration.
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