California’s COVID-19 State of Emergency lapsed on Feb. 28 and community planning groups will now be required by the Brown Act ensuring open public meetings to begin meeting in-person only.
Under the new guidelines, such groups may only conduct hybrid or remote meetings under special circumstances. There is also a state bill pending in the legislature, Senate Bill 411, that would allow advisory groups to host hybrid (in-person and remote) meetings. However, this bill has yet to be adopted.
“The Brown Act does not contain a grace period, so these changes take effect immediately,” said Nicole Darling, director of the City’s Communications Department. “City boards, committees, and commissions must comply with the open meetings requirements of California’s Ralph M. Brown Act. The Brown Act’s provisions concerning so-called ‘hybrid’ meetings will be in effect, resulting in changes from current practices. Among them: members of boards, committees, and commissions will not be able to attend meetings virtually except in specific circumstances, and virtual attendees will not count toward the number of members needed to attain a quorum.”
“The emergency provisions of the Brown Act related to virtual meetings (i.e. by teleconference) will no longer be in place and all CPG meetings will need to be either conducted in-person or comply with Brown Act requirements for virtual meetings,” said City deputy planning director Tait Galloway in a letter to City staff dated Feb. 16. “Starting March 1, all CPG meetings, including standing subcommittee meetings, are to be conducted under the Brown Act as they were prior to Governor Newsom’s COVID-19 declared state of local emergency. CPGs will need to secure an accessible physical meeting location or comply with the requirements for the Brown Act for virtual meetings.”
Brown Act requirements of CPGs include:
– Posting agendas at all teleconference locations containing information about the meeting, including the street address of all teleconference locations.
– Allowing the public access to all teleconference locations. A teleconference location is a physical location where a CPG member is attending the meeting virtually such as a home or office.
– Allow the public to make public comments from each teleconference location.
– All votes are to be taken by roll call.
CPG members attending virtually will need to disclose their teleconference location on the agenda and allow public access to their location, including giving personal addresses. CPGs are responsible for providing all necessary technology to conduct a teleconference meeting at all teleconference locations. This includes computers, wifi access, and audio/visual equipment. Also, anytime there is a technical interruption that prevents the CPG from broadcasting the meeting or prevents the public from providing comments remotely, the CPG cannot take further action on action items until public access is restored.
Reaction among Peninsula planning groups to the new rules strongly suggesting planners return to pre-pandemic live meetings was mixed. Andrea Schlageter, chair of the Ocean Beach Planning Board, expressed concern about the ramifications of returning to live meetings. “It’s going to be an adjustment,” she said. “A lot of these group’s meeting spaces are no longer available and some planning group members simply won’t meet in person. Hopefully, the state legislation in the works helps out.”
Fred Kosmo, chair of Peninsula Community Planning Board, expressed regret that meeting virtually may become a thing of the past.
“When COVID first hit, I was reluctant to meet virtually,” said Kosmo. “However, as we started meeting via Zoom, I found that we had better participation by the board, government representatives, and by the public. Also, we were able to record our virtual meetings and post them. We have many people watching our meetings that could not make it to the PCPB meeting.”
Added Kosmo: “I will also note with concerns about climate change, does it make sense to have everyone drive in their cars to attend a PCPB meeting when it can be done via Zoom? With that, I am conflicted about the return of in-person meetings. I am looking forward to seeing board members and the public in person. There is something special and different about personal interaction in-person.
“On the other hand, I am concerned that the return to in-person meetings will lead to less participation by the public and government reps. Also, I am concerned that in-person meetings will reduce participation in our committee meetings such as our Project Review, Traffic, and Environmental committees.”
