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City of Pleasanton
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PLANNING
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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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2/15/2023 9:03:05 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/22/2023
DESTRUCT DATE
15Y
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ID:
1
Creator:
PLAN1
Created:
2/15/2023 9:03 AM
Modified:
2/15/2023 9:03 AM
Text:
mailto:lseto@cityofpleasantonca.gov
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<br />Options for Virtual Meeting Attendance Planning Commission <br />4 of 4 <br />requirements, many of which implicate privacy. As a consequence, teleconference attendance <br />is rarely utilized although it has been available for decades. <br /> <br />Teleconference attendance can be from any location, through either audio or video, or <br />both. When a commissioner attends by these teleconfe rence provisions, the Planning <br />Commission’s agenda must specify each teleconferencing location and be posted at each <br />location. This would mean that if a commissioner is on vacation out-of-state and plans to <br />teleconference from a cabin, the address of the cabin will be listed on the Planning <br />Commission’s agenda. And, the agenda will be posted at City Hall, on the City’s website, and <br />the commissioner must post the agenda at the cabin at an area accessible to the public. <br /> <br />Further implicating privacy is the requirement that each teleconference location must be <br />accessible to the public, and that the public (including the disabled) must have the same rights <br />to address the commission as if physically present. Again using the vacation cabin example, <br />state law requires that if a commissioner is teleconferencing from a cabin, then the <br />commissioner must allow the public to attend the Planning Commission meeting from that <br />cabin, and that cabin must be accessible for persons with disabilities. For practical purposes, <br />when an official has used the teleconference option under the classic Brown Act, that official <br />was staying at a hotel, the hotel agreed to post the agenda in the hotel lobby and make a <br />conference room available to the official for the meeting. That hotel sce nario met the statutory <br />requirements for: posted agenda at teleconference location; open to the public; public could <br />participate from speaker phone in conference room; and hotel was accessible to persons with <br />disabilities. <br /> <br />If the Planning Commission holds a meeting where one or more commissioners is attending by <br />teleconference under the classic Brown Act, the following requirements will apply to the <br />conduct of the meeting: <br /> <br />1. All votes taken during a teleconferenced meeting must be by roll call. <br />2. At least a quorum of the members of the commission must participate from within the <br />City. <br /> <br />SUMMARY/CONCLUSION <br />The City Council has considered the technology available in the City Council Chambers, <br />Information Technology Department staff needed to provide two -way virtual meeting support, <br />and the interest in continuing to provide options for virtual meeting attendance by officials, and <br />call-in participation by the public. The City Council adopted a policy to allow the City Council <br />and Planning Commission, as state legislative bodies, to utilize the new AB 2449 virtual <br />meeting attendance options in addition to the classic Brown Act teleconference option. Each <br />option has limitations and restrictions that would apply to the official attending virtually or by <br />teleconference, as well as the entire legislative body in the conduct of the meeting. <br /> <br /> <br />Primary Author: Larissa Seto, Assistant City Attorney 925-931-5023 or lseto@cityofpleasantonca.gov <br /> <br /> <br />Reviewed/Approved By: <br />Ellen Clark, Director of Community Development
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