HomeMy WebLinkAboutStaff Report 14721
City of Palo Alto (ID # 14721)
Utilities Advisory Commission Staff Report
Meeting Date: 11/2/2022 Report Type: V. UNFINISHED BUSINESS
City of Palo Alto Page 1
Title: Staff Recommends the Utilities Advisory Commission Consider and
Adopt an Attendance Policy
From: Director of Utilities
Lead Department: Utilities
Recommended Action
Consider and adopt a remote attendance policy for the Utilities Advisory Commission.
Background
City Council Motion Encouraging UAC Remote Attendance Policy
During the City Council meeting on April 4, 2022, it was suggested the Utilities Advisory Commission
(UAC), as a City Commission, should establish a remote attendance policy.
The Council’s Final Motion was:
Council Member Tanaka motioned, seconded by Mayor Burt, to direct staff to continue to
present the findings for AB 361 for the Council, Commissions and Boards and
a) Council Members can participate remotely in Council Committee meetings up to 3
times per year;
b) Board Members and Commissioners can participate remotely, but are encouraged to
meet in person, and the Boards and Commissions should establish a remote attendance policy.
MOTION PASSED: 7-0
Section 8.4 of the UAC Bylaws provides that the UAC may, by a majority vote of its members, adopt or
amend any rules and procedures to be followed at UAC meetings and study sessions, to the extent such
rules and procedures are not in conflict with the UAC’s Bylaws or other applicable law. Staff has thus
brought forward a recommended attendance policy for the UAC’s consideration and adoption.
If the UAC adopts the proposed Attendance Policy, staff will, in accordance with Section 10.1 of the UAC
Bylaws, transmit a copy to each member of the Commission, to the Council, and to the City Clerk. Copies
of the Bylaws and any other rules and procedures shall be made available to the public, upon request,
and at each meeting of the Commission.
Brown Act Requirements
Public commissions, board and councils, and other public agencies exist to aid in the conduct of the
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people’s business. The Brown Act intends to ensure that all such bodies act and deliberate openly before
the people.1 With some limited exceptions, all meetings of legislative bodies of local agencies are
required to be open and public, and all persons shall be permitted to attend those meetings.2
The Brown Act regulates the meetings of legislative bodies in California, including advisory bodies like
the UAC.3 In general, a legislative body may meet by teleconference for the benefit of the public and the
legislative body, so long as the meeting meets additional requirements, such as:
• Each teleconference location must be identified in the notice and agenda of the meeting;
• Each teleconference location must be accessible to the public;
• At least a quorum of the members of the legislative body must participate from locations within
Palo Alto (with some exceptions); and
• The agenda must provide an opportunity for members of the public to address Commissioners
directly at each teleconference location.4
Recent revisions to the Brown Act have added situations in which members of legislative bodies are not
required to comply with the general teleconferencing rules above.
During a proclaimed state of emergency, if state or local officials have recommended social distancing,
the legislative body may determine by majority vote that, as a result of the emergency, meeting in
person would present imminent risks to the health or safety of attendees.5 That is, in a state of
emergency that directly impacts the ability of members to meet safely in person, the legislative body
can choose to be subject to different rules. The UAC met according to these rules during the COVID-19
State of Emergency. On October 17, 2022, Governor Newsom announced that the COVID-19 State of
Emergency would end on February 28, 2023.
Assembly Bill 2449 was signed into law in September 2022, creating new circumstances in which
members of legislative bodies could attend Brown Act meetings remotely, effective January 1, 2023.
Under AB 2449, when a quorum of the legislative body participates in person from a singular physical
location open to the public, the remaining members can teleconference in two situations, subject to
additional regulations.
A member can participate remotely at up to two meetings per calendar year if they have “just cause” or
if they are facing “emergency circumstances” pursuant to AB 2449.6
“Just cause” is defined by AB 2449 as:
1. A caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic
partner that requires them to participate remotely;
1 Gov’t Code section 54950.
2 Gov’t Code section 54953 (a).
3 Gov’t Code section 54952 (b).
4 Gov’t Code section 54953 (b)(3).
5 Gov’t Code section 54953 (e)(1). This provision is currently set to expire on January 1, 2024.
6 AB 2449 allows members to attend meetings remotely under the “emergency circumstances” provisions at no
more than “20 percent of the regular meetings for the local agency within a calendar year,” or at no more than
two meetings per year if the legislative body meets fewer than 10 times per calendar year. The same restriction
applies to the “just cause” provision, but in addition to that, a member can only invoke the “just cause” provision
twice.
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2. A contagious illness preventing them from attending in person;
3. A need related to a physical or mental disability not otherwise resolved by a request for a
reasonable accommodation; or
4. Travel while on official business of a state or local agency.
To participate remotely under the “just cause” provisions, a member must notify the legislative body at
the earliest possible opportunity, which may be the start of the meeting, of their need to participate
remotely. The member must provide a general description of the circumstances related to one of the
four items above. A member may not use the “just cause” provision to justify remote appearances at
more than two meetings per calendar year.
A member can also participate remotely under AB 2449 in “emergency circumstances,” which means a
physical or family medical emergency that prevents the member from attending in person. The member
must make a request to attend remotely as soon as possible. The legislative body must take action to
approve or reject the request at the earliest opportunity, including at the beginning of the meeting. The
legislative body must also request a general description of the emergency circumstances relating to the
member’s need to appear remotely. The description does not need to be more than 20 words, and the
member does not have to disclose any personal medical information.
If any member participates remotely under AB 2449, then the following additional rules apply:
• The legislative body must provide a way for the public to remotely hear, visually observe, and
remotely address the legislative body, either by a two-way audiovisual platform or a two-way
telephonic service and a live webcasting of the meeting.
• The legislative body must provide notice of how the public can access the meeting and offer
comments.
• The agenda must identify and include an opportunity for the public to attend and directly
address the legislative body through a call-in option, an internet-based service option, and in-
person at the location of the meeting.
• The legislative body cannot require comments to be submitted before the start of the meeting.
The public must be allowed to offer comment in real time.
• At least a quorum of the members of the legislative body must participate in person from a
singular physical location clearly identified on the agenda.
• Members participating remotely must participate through both audio and visual technology.
• Members participating remotely pursuant to AB 2449 must publicly disclose at the meeting
before any action is taken whether any other individuals 18 years of age or older are present in
the room at the remote location with the member and the general nature of the member’s
relationship with the individual.
• A member may not use AB 2449 to participate in meetings solely by teleconference for more
than three consecutive months or 20% of the regular meetings of the legislative body within a
calendar year. If the legislative body regularly meets less than 10 times a year, a member may
not use AB 2449 to remotely attend more than two meetings.
Discussion
At the August 3, 2022 UAC meeting, several commissioners expressed interest in a remote attendance
policy that complies with the Brown Act and is minimally restrictive regarding remote attendance. At a
subsequent meeting, a commissioner requested that the discretionary aspects of the policy be
identified.
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There are only a few items that the UAC has discretion to change:
• Section 2(b). The policy statement in section 2(b) actively discouraging remote attendance is
copied from the City Council Procedures and Protocols Handbook. The UAC may make a
different policy statement.
• Section 2(c). The maximum number of meetings a Commissioner is allowed to attend remotely is
a suggestion based on the Council’s initially stated practice. The UAC may increase or decrease
the total maximum of three, but it may not increase the maximum of two that applies to section
4 remote attendance.
• Section 2(d). The “singular physical location” requirement applies to any meeting where a
member is making a remote appearance pursuant to AB 2449. If a Commissioner is attending
remotely under the standard remote appearance rules found in section 3, the UAC is only
required to have a quorum participating from locations within the boundaries of Palo Alto. The
language in section 2(d) is simpler, but the UAC could adopt a policy that reflects the different
requirements for different types of remote attendance.
• Section 4 (c)(i). This is the minimum notice Commissioners are required to provide when
appearing remotely under AB 2449. The UAC may subject such Commissioners to some
additional requirements, such as earlier notice.
• Section 4 (c)(iv). These scripts are recommended by staff to facilitate efficient and consistent AB
2449 notifications. The UAC may prefer a different script or no script at all.
Recommended Policy for Adoption
UAC Attendance Policy
1. Regular and Special UAC Meetings and Study Sessions – Attendance Required
a. Commission Members, and the Staff Liaison, along with any other City staff that have been
requested to be physically present, shall take their regular stations in the Council chamber
at 6:00 p.m. on the first Wednesday of each month, except during the established
Commission vacation. The Chair or other presiding officer will ensure that during each
regular or special meeting there will be one 10-minute break.
b. The Commission expects its members to attend regularly and notify the Commission Clerk of
any planned absences.
2. Remote Attendance of Commissioners at UAC Meetings – General Guidelines and Requirements
a. The remote attendance provisions in this UAC Attendance Policy shall apply to Commission
Members unless there exists a proclaimed state of emergency in accordance with
Government Code Section 54953(e), in which case only the provisions of that Section shall
govern remote attendance.
b. Requests by Commission Members to attend a Commission meeting via remote appearance
are actively discouraged.
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c. No Commission Member may attend a Commission meeting remotely more than three
times per calendar year. A Commission Member who has already attended two meetings
remotely in one calendar year may not attend another remotely under section 4.
d. At least a quorum of the Commission must participate from a singular physical location
within the City.
e. At any meeting where any Commission Member is appearing remotely, the Commission
Clerk shall ensure the agenda will identify and include an opportunity for the public to
attend and directly address the UAC through a call-in option, an internet-based service
option, and in-person at the location of the meeting.
f. If there is a disruption to the meeting broadcast or in the ability to take call-in or internet-
based public comment, no further action shall be taken on agenda items until the issue is
resolved.
3. Standard Remote Attendance Requirements
a. If the threshold requirements in section 2(c), (d) and (e) of this Policy are met, the
Commission Member who will be attending remotely must ensure that:
i. The UAC meeting agenda identifies the remote location and is posted at that location in
an area that is accessible and visible 24 hours a day for at least 72 hours prior to the
meeting.
ii. The remote location is open and fully accessible to the public, and fully accessible under
the Americans with Disabilities Act, throughout the entire meeting.
iii. The remote technology used must be open and fully accessible to all members of the
public, including those with disabilities.
iv. The accessibility requirements in subsections (i) – (iii), above, apply to private
residences, hotel rooms, and similar facilities, all of which must remain fully open and
accessible throughout the meeting, without requiring identification or registration.
v. Members of the public who attend the meeting at the remote location must have the
same opportunity to address the Commission from the remote location that they would
if they were present in Council Chambers.
vi. The remote location must not require an admission fee or any payment for attendance.
vii. If the meeting will include a closed session, the Commission Member must also ensure
that there is a private location available for that portion of the meeting.
b. Responsibilities of Commission Members Attending a Meeting Remotely under this Section:
i. The Commission Member must give the Commission Clerk five days’ written notice of
remote attendance in advance of the publication of the agenda.
ii. The notice must include the address at which the remote meeting will occur, the
address the Commission packet should be mailed to, and the phone number of the
remote location.
iii. Commission Members need to ensure all technology necessary for them to attend
remotely is functioning.
iv. The Commission Member is responsible for posting the Commission agenda in the
remote location, or having the agenda posted by someone else at the location and
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confirming that posting has occurred. The Commission Clerk will assist, if necessary, by
emailing, faxing or mailing the agenda to whatever address or fax number the
Commission Member requests; however, it is the Commission Member’s responsibility
to ensure that the agenda arrives and is posted. If the Commission Member will need
the assistance of the Commission Clerk in delivery of the agenda, the fax number or
address must be included in the five-day advance written notice above.
v. The Commission Member must ensure that the location will be publicly accessible while
the UAC meeting is in progress.
vi. The Commission Member must state at the beginning of the Commission meeting that
the agenda posting requirement was met at the location and that the location is publicly
accessible, and must describe the location.
c. If the Commission Member determines that any or all of the requirements in sections 3(a)
and 3(b) of this Policy cannot be met, they shall not participate in the meeting remotely.
4. “Just Cause” and “Emergency Circumstances” Remote Attendance Requirements
a. A Commission Member may attend a meeting remotely when they have just cause to do so
pursuant to AB 2449.
i. “Just cause” is defined as:
1. A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling,
spouse, or domestic partner that requires a Commission Member to participate
remotely;
2. A contagious illness that prevents a Commission Member from attending in
person;
3. A need related to a physical or mental disability which cannot be resolved by a
request for reasonable accommodation; or
4. Travel while on business of the UAC or another state or local agency.
ii. Notification. A Commission Member attending remotely for just cause must notify the
UAC and the Commission Clerk at the earliest possible opportunity, including at the start
of a meeting, of their need to participate remotely and provide a general description of
the circumstances related to one of the four items above.
b. A Commission Member may attend a meeting remotely when emergency circumstances
justify remote attendance pursuant to AB 2449, and the Commission approves of their
remote attendance.
i. “Emergency circumstances” is defined as a physical or family medical emergency that
prevents a Commission Member from attending the UAC meeting in person.
ii. Notification and acceptance.
1. A Commission Member attending remotely due to emergency circumstances must
notify the UAC and the Commission Clerk at the earliest possible opportunity.
2. The UAC must request a general description of the circumstances relating to the
Commission member’s need to appear remotely. The description does not need
to have more than 20 words, and the Commission Member does not have to
disclose any personal medical information.
3. At the earliest opportunity available to it, the UAC may, by a majority vote of its
members, take action on the request to approve or disapprove it. If the request
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does not allow sufficient time to place it on the agenda for the meeting for which
the request is made, the legislative body may take action on the request at the
beginning of the meeting by majority vote.
c. Responsibilities of Commission Members Attending a Meeting Remotely under this Section:
i. Commission Members must notify the UAC and the Commission Clerk of their need to
attend remotely at the earliest possible opportunity.
ii. Commission Members must publicly disclose at the meeting before any action is taken
whether any other individuals 18 years of age or older are present in the room at the
remote location with the member and the general nature of the member’s relationship
with the individual.
iii. Commission Members must ensure all technology necessary for them to attend
remotely is functioning, which must include two-way, live audio and visual
communication at all times.
iv. At the start of the meeting, the Commission Member attending remotely may use the
following language to identify under which provision they are attending remotely:
1. “I have just cause to attend this meeting remotely under AB 2449. I have not
attended a meeting remotely more than once this calendar year. I must
attend remotely because…
a. “… I must provide caregiving to [RELATION].”
b. “… a contagious illness prevents me from attending in person.”
c. “… I have a need related to a disability which could not be
accommodated at this meeting.”
d. “… I am travelling while on official business of [STATE OR LOCAL
AGENCY].”
“In this room, I am accompanied by…
“…no one over the age of 18.”
“…one or more individuals over the age of 18. They are [RELATION
(e.g., my spouse, coworker, medical provider)].”
2. “Due to emergency circumstances, I request to attend this meeting remotely
under AB 2449. I have not attended a meeting remotely more than once this
calendar year. The [PHYSICAL OR FAMILY] medical emergency I am facing
requires my remote attendance because [BRIEF DESCRIPTION].”
“In this room, I am accompanied by…
“…no one over the age of 18.”
“…one or more individuals over the age of 18. They are [RELATION
(e.g., my spouse, coworker, medical provider)].”
d. If the Commission Member determines that any or all of the requirements in section 4 of
this Policy, as applicable, cannot be met, they shall not participate in the meeting remotely.
Environmental Review
The adoption of this policy does not meet the definition of a project under Public Resources Code
Section 21065, thus no environmental assessment under the California Environmental Quality Act is
required.
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