REPORT TO COUNCIL
SUBJECT
Title
Discussion and Action on Potential March 10, 2022 Cities Association Legislative Action Committee Meeting AB 1944 Agenda Item
Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
On October 9, 2018, Council adopted Resolution No. 18-8611 to approve a Legislative Advocacy Position (LAP) Policy (Attachment 1). The LAP Policy establishes clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, State, and federal levels of government and to provide guidance for City officials who serve on regional, State, and national boards, committees, and commissions when they are asked to review public policy matters and issues.
The LAP Policy provides that, “If a Council policy relative to the legislation does not exist, the issue is politically controversial, or there is significant local interest in the issue, the proposed legislation including a recommendation to support, remain neutral, or not support the legislation is brought to Council for consideration.”
DISCUSSION
Staff was notified that AB 1944 - Local government: open and public meetings, which was introduced by Assembly Members Alex Lee and Cristina Garcia, is tentatively scheduled for consideration at the upcoming March 10, 2022 Cities Association Legislative Action Committee (LAC) meeting. It would be an action item asking LAC members to take a preliminary vote to recommend to the full Cities Association Board to support, oppose or take no position on the current version of AB 1944.
In its current form, AB 1944 allows members of a local legislative body, upon majority vote, to waive the Brown Act requirements of publishing their private address on the meeting agenda and making this address open to members of the public. It also requires a remote participation option for members of the public to address the body, only during meetings when the legislative body elects to use teleconferencing.
AB 361, which the City is currently operating under, allows a local agency to use teleconferencing for public meetings without requiring the teleconference location to be accessible to the public or a quorum of the members of the legislative body of the agency to participate from locations within the boundaries of the agency’s jurisdiction during a Governor-proclaimed state of emergency in certain circumstances.
AB 1944 would modify the Brown Act to allow members of a local legislative body to teleconference into a meeting without having to reveal private addresses or make private addresses accessible to the public, whether there exists a state of emergency or not. Whenever members of a local legislative body elect to use teleconferencing, the local agency must also ensure there are teleconferencing mechanisms in place for public participation. An AB 1944 Fact Sheet is attached to this report (Attachment 2).
The City’s legislative consultant, Townsend Public Affairs, has prepared a bill summary and “Support” recommendation for the Council’s consideration (Attachment 3).
Councilmember Watanabe is the City’s Council Appointment to the Cities Association LAC and will be attending the March 10, 2022 LAC meeting. She will need to be authorized by the Council to take action on the potential LAC Meeting AB 1944 agenda item consistent with the Council’s final position.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
The City has an existing three-year agreement with Townsend Public Affairs for state and federal legislative advocacy services in an amount not-to-exceed $252,000, which includes developing and implementing a legislative strategy. These services are included at no additional cost as part of the consultant’s monthly service fee.
COORDINATION
This report was coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov>.
RECOMMENDATION
Recommendation
1. Council discussion and action to take either a “Support”, “Oppose”, or “No Position” position on the potential March 10, 2022 Cities Association LAC Meeting AB 1944 agenda item; and
2. Authorize Councilmember Watanabe to take action on the potential LAC Meeting AB 1944 agenda item consistent with the City Council’s position.
Staff
Prepared by: Christine Jung, Assistant to the City Manager
Approved by: City Manager’s Office
ATTACHMENTS
1. Legislative Advocacy Position Policy
2. AB 1944 Fact Sheet
3. Townsend - AB 1944 Bill Summary and Recommendation