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Consider Providing Direction to Staff to Allow Remote Public Participation under Oral Communications, Non-Agenda (Public Comment) and Clarify who has Authority to Make Such Decisions in the Future. (Councilmember Herrera Spencer) [Not heard on December 19, 2023 or January 2, 2024]
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COUNCIL REFERRAL FORM
The Council can take any of the following actions:
1) Take no action.
2) Refer the matter to staff to schedule as a future City Council agenda item.
3) Take dispositive action if sufficiently noticed such that the public and Council have been provided sufficient information by the published agenda, and no formal published notice of a public hearing is required.
Name of Councilmember requesting referral: Councilmember Herrera Spencer
Date of submission to City Clerk (must be submitted before 5:00 p.m. on the Monday two weeks before the Council meeting requested): 11/27/2023
Council Meeting date: 12/19/2023
Brief description of the subject to be printed on the agenda, sufficient to inform the City Council and public of the nature of the referral:
The public has been allowed to participate in Council meetings remotely (i.e., including via telephone and zoom) until this past Council meeting of November 21 where Agenda Item 4 provides,
"Oral Communications, Non-Agenda (Public Comment) - Limited to 15 minutes, in-person comments only, remote public comment not available for this section; any remaining speakers may comment under Section 9"
Prior to that meeting, the public may have participated in-person or remotely in the entire Council meeting.
That decision to exclude remote public participation in part of the agenda (i.e., Oral Communications, Non-Agenda) was not made by City Council nor at a public Council meeting. After being asked by Councilmember Herrera Spencer at the November 21, 2023 Council meeting (see Video recording, @1:28:30), the City Clerk responded that it was made "collectively by 'agenda setters'" and described that as could include the City Manager, City Clerk, City Attorney and/or the Mayor as chair.
<https://alameda.granicus.com/player/clip/3295?view_id=6&redirect=true&h=9347f71a6524ef553cb88625adc2363f>
Members of the public have previously spoken at City Council meetings in support of remote participation at Council meetings for numerous reasons including disability and hardship (e.g., difficulty getting daycare, limited to bus transportation, etc.).
Decisions by City Council regarding whether or not to allow remote participation have always been in regards to the entire agenda, not certain parts.
The Brown Act requires agenda item Oral Communications, Non-Agenda (Public Comment).
Council should have the opportunity to review and reconsider this decision and clarify how such decisions may be made moving forward.
Sources:
https://codes.findlaw.com/ca/government-code/gov-sect-54953/#:~:text=(a)%20All%20meetings%20of%20the,otherwise%20provided%20in%20this%20chapter <https://codes.findlaw.com/ca/government-code/gov-sect-54953/>
<https://www.reedsmith.com/en/perspectives/2022/09/ab-2449-changes-remote-attendance>
Attachments: Pertinent pages from Agendas of November 7 and 21, 2023.
Thank you for your consideration.
The City Council, at its July 25, 2020 Priority Setting Workshop, established the following 5 priorities for 2021:
1. Preparing Alameda for the future
2. Encouraging economic development across the Island
3. Supporting enhanced livability and quality of life, including addressing the housing crisis and homelessness
4. Protecting core services
5. Ensuring effective and efficient operations
Briefly describe which Council priority the subject falls under and how it relates:
1-5. Public participation is critical to each of these.