HomeMy WebLinkAboutR-11418 establishing policies and procedures for compliance with Assembly Bill 2449 relating to teleconference participation in Legislative Meetings
RESOLUTION NO. 11418 (2023 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ESTABLISHING POLICIES AND
PROCEDURES FOR COMPLIANCE WITH ASSEMBLY BILL 2449
RELATING TO TELECONFERENCE PARTICIPATION IN LEGISLATIVE
MEETINGS
WHEREAS, Assembly Bill 2449, effective January 1, 2023, amends the Brown
Act, California Government Code Sections 54950 et seq., as it pertains to
teleconference meeting participation by legislative body members; and
WHEREAS, AB 2449 will significantly curtail the ability of legislative body
members to attend meetings virtually as compared to the relaxed teleconferencing laws
that were enacted at the beginning of the COVID-19 and have seen been in effect; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Chapter 1 of the Council Policies and Procedures shall be amended
as follows.
1.1.2 REGULAR MEETINGS
1.1.2.2 Regular meetings shall be held in the Council Chamber, 990 Palm Street,
in the City of San Luis Obispo (Ordinance No. 677). Council meetings
will also be streamed via teleconference only in City Hall.
1.1.4 SPECIAL MEETINGS
1.1.4.2 Any special meeting held at a place other than City Hall shall be
open to the public. Such meetings shall be held within the city limits.
Notice requirements of the Brown Act shall be complied with for
any such meetings; regular minutes shall be taken by the City Clerk
and shall be available for public inspection. Meetings not held in
City Hall will not be streamed through teleconference.
1.2.7 ORDER OF BUSINESS shall be as follows:
1.2.7.1 Council AB 2449 Requests for Teleconferencing
1.2.7.2 Call to Order
1.2.7.3 Roll Call
1.2.7.4 Pledge of Allegiance
1.2.7.5 Closed Session Report (if any)
1.2.7.6
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1.2.7.7 Presentations /Appointments
1.2.7.8 Public Comment
1.2.7.9 Consent Agenda
1.2.7.10 Public Hearings and Business Items
1.2.7.11 Liaison Reports and Communications
1.3.7 PUBLIC COMMENT
1.3.7.1 Immediately prior to scheduled public hearings, members of the
public may address the City Council on items that are not on the
printed agenda or items on the Consent Agenda. A time limit of
three minutes is provided. A speaker may not yield time to another
speaker. A speaker slip should be filed with the City Clerk but is
not required in order to speak.
1.3.7.1.1 For all hybrid (in-person and via teleconference) Those
requesting to speak in-person will be called first then
those requesting to speak via teleconference will be
called. All requests to speak should be submitted
before the Public Comment period starts.
1.3.7.3 Individuals desiring to speak on an item on the agenda shall:
1.3.7.3.1 Address the Council from the podium or via
teleconference after giving their name and city of
residence. Speakers shall direct their comments to the
Council, not the audience.
1.5 AB 2449 NEW TELECONFERENCING REGULATIONS
1.5.1 Quorum Requirement: A quorum of the Council (three members) must
participate at a singular physical meeting location identified on the agenda,
which must be within the city limits and open to the public. This means that
no more than two Council Members may utilize these AB 2449
teleconference provisions at one meeting. If fewer than three members
could not be physically present at the beginning of a meeting, the meeting
shall not be called to order except during a declared emergency.
1.5.2 Limitations on Use: Council Members may participate remotely under AB
2449 a limited number of times per year, depending on which exception
1.5.2.1 Just Cause Exception. This exception may be used in cases of
caregiving for a dependent; contagious illness; need to be related
to a physical or mental disability; or official governmental travel.
Capped at two (2) meetings per calendar year regardless of the
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1.5.2.2 Emergency Circumstances Exception. This exception may be
used in cases of a physical or family medical emergency that
prevents a Council Member from attending in person. Capped at
20% of the regular meetings within a calendar year (four (4) City
of San Luis Obispo Council meetings per year).
1.5.3 Each agenda must describe how members of the public may observe or
attend the meeting and offer public comment, including a way to attend via
teleconference platform. Members of the public must be allowed to make
public comments in real-time (in-person or through teleconference) during
all allotted public comment periods.
1.5.4 Council Members wishing to attend by teleconference must make a
request to the Council at the earliest possible opportunity, up to and
including at the start of a meeting. The Council must act by majority vote,
during the meeting, to approve or deny the request.
1.5.4.1
pate
remotely, which need not be more than 20 words or disclose any
personal medical information.
1.5.4.2 Council Members must disclose before any action is taken,
whether any individuals 18 years of age or older are present in
the room at the remote location, and the general nature of the
take place during the meeting itself, even if the notification and
description were given in advance.
1.5.4.3 Council Members participating remotely must participate through
both audio and visual technology.
1.5.5. All votes taken at a meeting where a Council Member attends by
teleconference, under provisions of AB 2449, must be taken by roll call
vote.
1.5.6 Meeting proceeding must be suspended in the event of a disruption that
prevents the transmittal of meeting video and audio to the public or
prevents the receipt of public comment on the teleconference platform until
meeting audio and video service are restored.
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SECTION 2. Resolution Number 11341 (2022 Series) is hereby repealed and
superseded to the extent inconsistent herewith.
Upon motion of Council Member Shoresman, seconded by Vice Mayor Marx, and
on the following roll call vote:
AYES: Council Member Francis, Pease, Shoresman, Vice Mayor Marx,
and Mayor Stewart
NOES: None
ABSENT: None
nd
The foregoing resolution was adopted this 2 day of May 2023.
__________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of San Luis Obispo, California, on ______________________.
_________________________
Teresa Purrington
City Clerk
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