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City of Pleasanton
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BOARDS AND COMMISSIONS
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PLANNING
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AGENDA PACKETS
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2020 - PRESENT
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2023
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02-22
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2/15/2023 9:03:10 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/22/2023
DESTRUCT DATE
15Y
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<br />Options for Virtual Meeting Attendance Planning Commission <br />3 of 4 <br />Requirements for Conduct of Meeting. When a commissioner attends virtually using the <br />Just Cause or Emergency Circumstances, then the Planning Commission meeting must also <br />fulfill these requirements: <br /> <br />I. At least a quorum of the Planning Commission must participate in-person from a single <br />location that is identified on the agenda, open to the public, accessible and within the <br />City. <br /> <br />a. For practical purposes, that location will be the City Council Chambers following <br />regular meeting protocols. <br /> <br />b. Note: With the requirement for a quorum to participate in-person, it is <br />recommended that if a commissioner expects to attend virtually that the <br />commissioner advise staff as soon as possible. <br />i. For example, in a typical meeting situation, if 5 commissioners and 1 <br />alternate are attending, then 2 commissioners may attend virtually; as <br />that means 4 commissioners will be attending in-person and the in- <br />person quorum requirement (3 commissioners) would be met. <br />ii. As another example, if only 3 commissioners and 1 alternate are <br />attending, then only 1 commissioner may virtually attend using AB <br />2449, since, with 4 commissioners attending, the in-person quorum <br />requirement remains 3. <br /> <br />II. The meeting must be held using a two-way audio and video platform or a two-way <br />telephonic service and live webcast of the meeting that allows the public to virtually hear <br />and observe the meeting and address the Planning Commission. <br /> <br />a. The agenda must identify a way for the public to attend through a call-in option, <br />internet based service option, and in-person at the meeting location. <br />i. If the City’s virtual connection for the public is interrupted such that <br />either: (1) the City’s broadcast of the meeting does not work for call-in or <br />internet-based viewers; or (2) the City’s connection does not allow the <br />public to provide comments by call-in or internet-based options, then the <br />Planning Commission cannot take action on any items on the agenda <br />until the City’s virtual connection is restored. Note: If the connection is <br />lost or interrupted due to the member of the public’s system problems, <br />that does not require that the meeting stop. <br /> <br />b. If a commissioner is attending virtually, votes are to be taken by roll call. <br /> <br />3. Teleconferencing. The classic Brown Act is a reference to state open meeting laws which <br />were in place before the pandemic, and adopted prior to technology becoming available to <br />hold virtual meetings. While the state legislature has allowed for virtual attendance under Just <br />Cause and Emergency Circumstances described above per AB 2449, above, the classic <br />Brown Act also allows for teleconference attendance by commissioners. <br /> <br />Attendance by teleconferencing under the classic Brown Act is not limited to specific statutory <br />reasons. So, a commissioner can attend by teleconference if, for example, the commissioner is <br />on vacation. However, teleconference attendance has many more specific and burdensome
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