101-Staff Report.pdf
OFFICE OF THE CITY MANAGER
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 • FAX: (408) 777-3366
davek@cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: March 15, 2011
Subject
Introduce a resolutionsetting forth a policy forthe City Council touse teleconferencingin connection
with itsCity Council meetings.
Recommended Action
Consider adoptingthe attached resolutionclarifying theconditions under which teleconferencing may
be used.
Description
On April 5, 2011, Council discussed adoptinga policy to enable council members toattend council
meetings via teleconferencing in the event they are unable to attend. The Brown Act sets forth the
basic requirements for teleconferencing,but there are various matters left to Council discretion.
Government Code Section 54953, a provision of the Brown Act, permits a legislative body to allow
teleconferencing if it benefits the public and the City Council. The specific language is as follows:
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may
use teleconferencing for the benefit of the public and the legislative body of a local agencyin
connection with any meeting or proceeding authorized by law. The teleconferenced meeting
or proceeding shall comply with all requirements of this chapter and all otherwise applicable
provisions of law relating to a specific type of meeting or proceeding. (Emphasis added)
(2) Teleconferencing, as authorized by this section, may be used for all purposes in
connection with any meeting within the subject matter jurisdiction of the legislative body. All
votes taken during a teleconferenced meeting shall be by roll call.
The Council as a whole must determine how it wants to dealwith teleconferencing; it is not the
prerogative of a single member of the Council. This is clear from the language in (b)(1) emphasized
above, and is reinforced by the introductory language to subsection (b)(3) noted below. Although the
original statutory provision referred only to video teleconferencing, the law now refers to
teleconferencing by any electronic means, and in most instances the default method has been audio.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body,
the members of which are in different locations, connected by electronic means, through
either audio or video, or both. Nothing in this section shall prohibit a local agency from
providing the public with additional teleconference locations.
The basic requirements set forth in order for a teleconference to be a legal method to conduct a
meeting are:
1. All votes must be taken by roll call (see subsection (b)(2) cited above).
2. Agendas must be posted at all teleconference locations (seesubsection (b)(3) cited below.)
3. The Council may provide several teleconference locations (see subsection (b)(4) cited above.)
4. Each teleconference location must be identified in the meeting notice and agenda (see subsection
(b)(3) cited below.)
5.Each teleconference location must be accessible to the public (see subsection (b)(3) cited below.)
6. Members of the public must have the opportunity to address the City Council directly at each
location (see subsection (b)(3) cited below.)
7. At least a quorum of the City Council must participate from locations within the City; there is a
health authority exception that does not apply (see subsection (b)(3) cited below)
8. Meetings must be conducted in a manner that protects the statutory and constitutional rights of all
participants (see subsection (b)(3) cited below.)
(b) (3) If the legislative body of a local agency elects to use teleconferencing, it shall post
agendas at all teleconference locations and conduct teleconference meetings in a manner that
protects the statutory and constitutional rights of the parties or the public appearing before the
legislative body of a local agency. Each teleconference location shall be identified in the
notice and agenda of the meeting or proceeding, and each teleconference location shall be
accessible to the public. During the teleconference, at least a quorum of the members of the
legislative body shall participate from locations within the boundaries of the territory over
which the local agency exercises jurisdiction, except as provided in subdivision (d). The
agenda shall provide an opportunity for members of the public to address the legislative body
directly pursuant to Section 54954.3 at each teleconference location.
Cities that allow teleconferencing haveprocedures for implementing it. Palo Alto has rules that
"strongly discourage" teleconferencing and require a council or board member who wishes to do it to
demonstrate that all of the requirements (location, accessibility, etc) can be met before allowing it.
San Francisco’s charter prohibits teleconferencing except under limited circumstances. The cities of
Campbell, Mountain View, Saratoga, Los Gatos and Sunnyvale have allowed teleconferencing a few
times in the last few years but do not have a formal policy on the issue. Acopy of the Palo Altoand
San Francisco policies areattached for your review.
Logistically, staff will be able to accommodate teleconferencing with some modifications to current
practices and equipment. The Clerk’s office may need additional agenda preparation time to
coordinate with the councilmember or hotel on the specifics of each event and this will vary
depending on the location and facility available. The City Channel crew willbe able tohandle the
technical aspects of the call and while the system will accommodate a teleconference currently, some
modificationsare required to provide an audio connection void of feedback. It is estimated these
technical modificationscan be accomplished bythe end of June.
Approved for Submission by:David W. Knapp, City Manager
Attachments:
A. Proposed Resolution
B. City of Palo Alto Teleconferencing Policy
C. City of San Francisco Teleconferencing Policy