08 Staff Report.Remote Participation for Town Boards, Commissions, and Committees
PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/05/2023 ITEM NO: 8
DATE: November 29, 2023
TO: Council Policy Committee
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive Report on Remote Participation at Town Commissions, Boards, and
Committees with Discussion Points Identified by the Council Policy
Committee
RECOMMENDATION:
Receive report on remote participation at Town Commissions, Boards, and Committees with
discussion points identified by the Council Policy Committee.
BACKGROUND:
On March 17, 2020, the Governor issued an Executive Order suspending certain provisions of
the Brown Act to allow local legislative bodies to conduct their meetings completely
telephonically or by other electronic means. After that time, the Town conducted all meetings
remotely utilizing the Zoom platform.
In September 2022, the Town Council modified Town Council Policy 2-01: Town Agenda Format
and Rules regarding remote attendance for Town Boards, Commissions, and Committees
(hereafter referred to as Commissions). The Policy, at that time, provided an opportunity for
Council Members and Commissioners to participate remotely under certain circumstances and
allows the public to have the choice to participate either remotely or in person at all Council
and Commission meetings.
In October 2022, the Governor announced that the COVID-19 State of Emergency would end on
February 28, 2023, and this action would rescind the suspension of the Brown Act provision.
To prepare for the change back to the standard Brown Act requirements, the Policy Committee
met on January 23, 2023, to discuss possible modifications to the Town Agenda Format and
Rules regarding remote attendance for Town Boards, Commissions, and Committees Policy.
The Committee discussed removing video participation for all Commissions, and Council
PAGE 2 OF 4 SUBJECT: Receive Report on Remote Participation at Town Commissions, Boards, and Committees with Discussion Points Identified by the Council Policy Committee DATE: November 28, 2023
BACKGROUND (continued):
Members requested conducting hybrid meetings for the Planning Commission and Finance
Commission in addition to the Council meetings.
On February 7, 2023, the Town Council considered modifications to Town Council Policy 2-01:
Town Agenda Format and Rules regarding remote attendance for Town Boards, Commissions,
and Committees. Council adopted changes to allow hybrid meetings for the Planning and the
Finance Commission and include the remote attendance language that matched the Brown Act
regulations. The Council requested the Policy Committee and potentially the Council revisit this
Policy before the end of the year.
On November 21, 2023, the Town Council adopted changes to Town Council Policy 2-01: Town
Agenda Format and Rules regarding behavior expectations at Town Council meetings, notice to
Americans with Disabilities, and agenda order.
On November 28, 2023, the Council Policy Committee met to evaluate the remote participation
guidelines as contained in the Agenda Format and Rules Policy and consider a recommendation
to Council. The Committee was particularly interested in feedback received from the public
about remote participation and clarification about the Brown Act. After discussion, the Council
Policy Committee had no recommended changes.
DISCUSSION:
In March 2023, all Commissions transitioned to in-person only meetings with the exception of
the Planning Commission and Finance Commission. After the transition, all Commissioners
were able to participate remotely by telephone as was done prior to the COVID-19 pandemic in
accordance with Brown Act and Town Council Policy 2-01. From March 1, 2023, to November
17, 2023, only two Commissions have utilized remote participation in compliance with the
Brown Act: the Community Health and Senior Services Commission (one meeting) and the
Complete Streets and Transportation Commission (two meetings). There were no reported
issues with the phone remote participation, and there were no Commissioner resignations after
the transition to in-person meetings. No requests have been received from the public to
provide addition hybrid options.
The Planning Commission and Finance Commission have conducted their meetings using a
hybrid format (in-person and via Zoom) since March of this year. Since the implementation of
the hybrid meetings, the Planning Commission has held 14 hybrid meetings and had one
meeting with remote participation by a Commissioner in compliance with the Brown Act. The
cumulative total of attendees on Zoom for the Planning Commission meetings beginning in
March was 142 (number includes staff, consultants, and members of the public). Of that
PAGE 3 OF 4 SUBJECT: Receive Report on Remote Participation at Town Commissions, Boards, and Committees with Discussion Points Identified by the Council Policy Committee DATE: November 28, 2023
DISCUSSION (continued):
number, approximately 35 members of the public participated in the meetings by providing
public comment. Currently, the Community Development Director is supporting the Zoom
portion of the meeting. Members of the public also have the option to watch the Planning
Commission meeting in real time without participating by watching the broadcast live on
YouTube or cablecast channel 15.
The Finance Commission has held five hybrid meetings with three meetings conducted utilizing
remote Commissioner participation in compliance with the Brown Act. The cumulative total of
attendees on Zoom from March to November was 58 (number includes staff, consultants, and
members of the public). Of that number, 7 attendees participated in meetings by providing
public comment. Zoom is the only remote option for real time observation or participation in
the meeting. Several Finance Commission meetings were cancelled in 2023 due to a lack of
quorum and the cancellations were unrelated to the remote participation requirements.
The audio recordings of all Commission meetings are posted to the website after the meeting,
except for the Planning Commission because a video recording is available on YouTube and the
Town website.
The Town Clerk is currently supporting the Zoom portion of the Finance Commission meetings,
which has accounted for approximately 11 staff hours to date. The Community Development
Director’s Executive Assistant provides support for the Zoom meeting setup which accounts for
approximately five and a half hours of staff time to date. The Community Development
Director is currently supporting the Zoom portion of the meeting. This is possible because the
Planning Manager provides additional support to the Commission.
Typically for the other Commissions, only the staff who provides the subject expertise attends
the meetings. It would be challenging for the subject matter experts to support the
Commission in its work, answer questions, and support the Chair with meeting facilitation while
also managing the Zoom participation of the public and/or Commissioners.
COORDINATION:
This report was coordinated with the Town Manager’s Office, Clerk Department, Town
Attorney’s Office, and Community Development Department.
FISCAL IMPACT:
There is no fiscal impact related to the discussion.
PAGE 4 OF 4 SUBJECT: Receive Report on Remote Participation at Town Commissions, Boards, and Committees with Discussion Points Identified by the Council Policy Committee DATE: November 28, 2023
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.