HomeMy WebLinkAboutRaffirm Adoption of Resolution No. 2021-62 Finding a Proclai 2000 Main Street.
Huntington Beach.CA
City of Huntington Beach 92648
File#: 21-866 MEETING DATE: 12/1/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robin Estanislau. CIVIC. City Clerk
PREPARED BY: Robin Estanislau. CIVIC City Clerk
Subject: Zc�/ _4,
Reaffirm adoption of Resolution No. 582+-64 finding a proclaimed state of emergency
continues to impact the ability to meet safely in person, and allows meetings of the City
Council and all City boards, commissions and committees to be conducted remotely as
needed in compliance with new Brown Act provisions identified in Assembly Bill 361
Statement of Issue:
On September 16. 2021, Governor Newsom approved Assembly Bill 361 (Rivas) that amends the
Ralph M Brown Act to include a new authorization that allows all local agencies to host remote
meetings and remote public comments. The authorization, which largely extends the provisions of
the Governor's Executive Order N-29-20 (approved March 17. 2020) and Executive Order N-35-20
(approved March 21. 2020). is in effect until January 1, 2024 To comply with the new provisions
identified in AB 361. the City Council adopted Resolution No 2021-61 finding a proclaimed state of
emergency continues to impact the ability to meet safely in person and allows meetings of the City
Council and all City boards. commissions and committees to be conducted remotely as needed due
to health and safety concerns for the public
Financial Impact:
Not applicable
Recommended Action:
Reaffirm Resolution No 2021-61 "A Resolution of the City Council of the City of Huntington Beach
California, finding that the proclaimed state of emergency continues to impact the ability to meet
safely in person
Alternative Action(s):
Do not reaffirm Resolution No 2021-61 and direct staff accordingly
Analysis:
A provision of Assembly Bill 361 requires local agencies to verify every 30 days that the exemption
from traditional teleconference requirements is still necessary. Specifically the legislative body must
City of Huntington Beach Page 1 of 2 Pnnted on 11 302121
File #: 21-866 MEETING DATE: 12/1/2021
make findings no later than 30 days after the first teleconference and every 30 days thereafter that:
• The legislative body has reconsidered the state of emergency circumstances; and
• Either i) the state of emergency continues to directly impact the ability of the members to meet
safely in person, or ii) state or local officials continue to impose or recommend measures to
promote social distancing.
If necessary, the City will continue to make appropriate findings at least every 30 days to ensure
compliance with this verification requirement of Assembly Bill 361 until its sunset date of January 1,
2024.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Resolution No. 2021-61
2. Assembly Bill 361
City of Huntington Beach Page 2 of 2 Printed on 1 V302021
powered t9 Legisw-
RESOLUTION NO. 2021-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
FINDING THAT THE PROCLAIMED STATE OF EMERGENCY CONTINUES TO
IMPACT THE ABILITY "TO MEET SAFELY IN PERSON
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency
to make additional resources available, formalize emergency actions already underway
across multiple state agencies and departments, and help the State prepare for a broader
spread of COVID-19; and
WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic,
Governor Newsom issued Executive Order N-29-20, which suspended certain provisions
of the Ralph M. Brown Act in order to allow legislative bodies to conduct meetings
electronically without a physical meeting place; and
WHEREAS, on June H, 2021, Governor Newsom issued Executive Order N-08-
21, which specified that Executive Order N-29-20 would remain in effect through
September 30, 2021, at which point it would expire; and
WHEREAS, the Governor's proclaimed State of Emergency remains in effect, and
State and local officials, including the California Department of Public Health and the
Department of Industrial Relations, have imposed or recommended measures to promote
social distancing; and
WHEREAS, on September 16, 2021, the Governor signed Assembly Bill 361 into j
law as urgency legislation that went into effect on October 1, 2021, amending Government
Code Section 54953 of the Brown Act to allow legislative bodies to continue to meet
remotely during a proclaimed state of emergency, provided certain conditions are met and
certain findings are made; and
NOW, THEREFORE, the City Council of the City of Huntington Beach does
resolve as follows:
I. The City Council has reconsidered the circumstances of the State of Emergency,
and finds that:
a. The factors triggering the State of Emergency continue to directly impact the
ability of the City Council, City Boards, Commissions, Committees and
members of the public to meet safely in person; and
b. State or local officials continue to recommend measures to promote social
distancing.
2. The City of Huntington Beach will comply with the requirements of Government
Code Section 54953(e)(2) when holding City Council, City Board, Commission
and Committee meetings pursuant to this Resolution.
10
RESOLUTION NO. 2021-62
3. The City Council will reconsider the circumstances of the State of Emergency and
revisit the need to conduct meetings remotely within 30 days of the adoption of this
Resolution.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the 2nd day of 7Nbjer 2021.
Mayor
r)LD7PROVED: APPROVED AS TO FORM:
�
City MgGger City Attorney_ 11/
INITIATED AND APPRVED:
City Clerk
21-10570/270078
n
Res. No. 2021-62
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on November 2, 2021 by the following vote:
AYES: Peterson, Bolton, Delgleize, Carr, Posey, Moser, Kalmick
NOES: None
ABSENT: None
RECUSE: None
C �T�uQ,�cJ
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
12
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CG G' !1liYGtCC
cif LEGISLATIVE INFORNIA'rION
Home I Bill Information California Law i Publications Other RBsources j My Subscriptions My Favorites
AB-361 Open meetings: state and local agencies: teleconferences. (2021-2022)
®SHARE THIS: �`— Date Published:09/17/2021 09:00 PM
Assembly Bill No. 361
CHAPTER 165
i
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section !
54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings,
and declaring the urgency thereof, to take effect immediately.
1 Approved by Governor September 16, 2021. Filed with Secretary of State
September 16, 2021. ]
LEC=ISLA'1'[VG COUNSEL'S DICEST
AB 361, Robert Rivas. Open meetings: state and local agencies: teleconferences.
(1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative
body of a local agency, as those. terms are defined, be open and public and that all persons be permitted to
attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and
providing for the ability of the public to directly address the legislative body on any Item of interest to the public.
The act generally requires all regular and special meetings of the legislative body be held within the boundaries
of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows
for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body
notice each teleconference location of each member that will be participating in the public meeting, that each
teleconference location be accessible to the public, that members of the public be allowed to address the
legislative body at each teleconference location, that the legislative body post an agenda at each teleconference
location, and that at least a quorum of the legislative body participate from locations within the boundaries of the
local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities,
as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to
commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that
specified actions taken by a legislative body are null and void.
Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency
Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.
Executive Order No. N-29-20 suspends the Ralph M. Brown Act's requirements for teleconferencing during the
COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are
allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency
has a procedure for receiving and swiftly resolving requests for reasonable accommodation for Individuals with
disabilities, as specified.
This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with
the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency
holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials
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have Imposed or recommended measures to promote social distancing, during a proclaimed state of emergency
held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks
to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has
determined that meeting In person would present imminent risks to the health or safety of attendees, as
provided.
This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated
teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of
the public to access the meeting and address the legislative body, to give notice of the means by which members
of the public may access the meeting and offer public comment, including an opportunity for all persons to
attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that
protects the statutory and constitutional rights of the parties and the public appearing before the legislative
body. The bill would require the legislative body to take no further action on agenda items when there is a
disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within
the local agency's control which prevents members of the public from offering public comments, until public
access is restored. The bill would specify that actions taken during the disruption are subject to challenge
proceedings, as specified.
This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the
meeting and would specify that the legislative body must provide an opportunity for the public to address the
legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the
public comment period and the opportunity to register to provide public comment, until the public comment
period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing
state of emergency, or when state or local officials have imposed or recommended measures to promote social
distancing, the bill would require a legislative body to make speclfled findings not later than 30 days after the
first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter,
in order to continue to meet under these abbreviated teleconferencing procedures.
Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register
the person's name, or to provide other information, or to fulfill any condition precedent to the person's
attendance.
This bill would exclude from that prohibition, a registration requirement imposed by a third-party Internet
wet ite or other online platform not under the control of the legislative body.
(2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a
state body be open and public and all persons be permitted to attend any meeting of a state body. The act
requires at least one member of the state body to be physically present at the location specified in the notice of
the meeting.
The Governor's Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act
for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met,
the public members are allowed to observe and address the state body at the meeting, and that a state body has
a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with
disabilities, as specified.
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a
state body to hold public meetings through teleconferencing and to make public meetings accessible
telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the
state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would
suspend certain requirements of existing law, including the requirements that each teleconference location be
accessible to the public and that members of the public be able to address the state body at each teleconference
location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the
public to observe and address the meeting telephonically or otherwise electronically would satisfy any
requirement that the state body allow members of the public to attend the meeting and offer public comment.
The bill would require that each state body that holds a meeting through teleconferencing provide notice of the
meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing
procedures In the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably
possible to existing law, as provided.
(3) Existing law establishes the various campuses of the Califomia State University under the administration of
the Trustees of the California State University, and authorizes the establishment of student body organizations in
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connection with the operations of California State University campuses.
The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body
organization to conduct Its business in a meeting that is open and public. The act authorizes the legislative body
to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any
meeting or proceeding authorized by law.
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a
legislative body, as defined for purposes of the act, to Hold public meetings through teleconferencing and to
make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking
to observe and to address the legislative body. With respect to a legislative body holding a public meeting
pursuant to these provisions, the bill would suspend certain requirements of existing law, including the
requirements that each teleconference location be accessible to the public and that members of the public be
able to address the legislative body at each teleconference location. Under the bill, a legislative body that holds a
meeting through teleconferencing and allows members of the public to observe and address the meeting
telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members
of the public to attend the meeting and offer public comment. The bill would require that each legislative body
that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided.
The bill would urge legislative bodies utilizing these teleconferencing procedures In the bill to use sound
discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as
provided.
(4) This bill would declare the Legislature's intent, consistent with the Governor's Executive Order No. N-29-20,
to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and
future emergencies by allowing broader access through teleconferencing options.
(5)This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339
to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
(6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings
of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that
amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the
enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
(7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of
public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest
protected by the limitation and the need for protecting that Interest. -
This bill would make legislative findings to that effect.
(8)This bill would declare that it Is to take effect immediately as an urgency statute.
Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 89305.6 Is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility
requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing
and make public meetings accessible telephonically, or otherwise electronically, to all members of the public
seeking to observe and to address the legislative body.
(b) (1) For, a legislative body holding a public meeting through teleconferencing pursuant to this section, all
requirements in this article requiring the physical presence of members, the clerk or other personnel of the
legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby
suspended.
(2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the
following requirements in this article are suspended:
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(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be
Identified in the notice and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public.
(C) Members of the public may address the legislative body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the location specified in the notice of the
meeting.
(c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe
and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility
requirements in subdivisions (d) and (a), shall have satisfied any requirement that the legislative body allow
members of the public to attend the meeting and offer public comment. A legislative body need not make
available any physical location from which members of the public may observe the meeting and offer public
comment.
(d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members
of the public to observe and address the meeting telephonically or othervse electronically, the legislative body
shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or
accommodation from Individuals with disabilities, consistent with the federal Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may
observe the meeting and offer public comment, pursuant to paragraph (2)of subdivision (e).
(e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through
teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes
otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2) In each Instance In which notice of the time of the meeting Is otherwise given or the agenda for the meeting
is otherwise posted, also give notice of the means by which members of the public may observe the meeting and
offer public comment. As to any instance in which there is a change in the means of public observation and
comment, or any instance prior to the effective date of this section In which the time of the meeting has been
noticed or the agenda for the meeting has been posted without also including notice of the means of public
observation and comment, a legislative body may satisfy this requirement by advertising the means of public
observation and comment using the most rapid means of communication available at the time. Advertising the
means of public observation and comment using the most rapid means of communication available at the time
shall include, but need not be limited to, posting such means on the legislative body's Internet website.
(f) All legislative bodies utilizing the teleconferencing procedures In this section are urged to use sound discretion
and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions
of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g)This section shall remain In effect only until January 31, 2022, and as of that date Is repealed.
SEC.2. Section 11133 is added to the Government Code, to read:
11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility
requirements in subdivisions (d) and (a), a state body may hold public meetings through teleconferencing and
make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking
to observe and to address the state body.
(b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all
requirements in this article requiring the physical presence of members, the clerk or other personnel of the state
body, or the public, as a condition of participation In or quorum for a public meeting, are hereby suspended.
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10t27121. 11:18 AM Bill Text-AB-361 Open meetings:state and local agencies:teleconferences.
(2) For a state body holding a public meeting through teleconferencing pursuant to this Section, all of the
following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be
identified in the notice and agenda of the public meeting or proceeding.
(B) Each teleconference location he accessible to the public.
(C) Members of the public may address the state body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the location specified In the notice of the
meeting.
(c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and
address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility
requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members
of the public to attend the meeting and offer public comment. A state body need not make available any physical
location from which members of the public may observe the meeting and offer public comment.
i
(d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the
public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do
both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or
accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility,
(2) Advertise that procedure each time notice is given of the means by which members of the public may
observe the meeting and offer public comment, pursuant to paragraph (2)of subdivision (e).
(e) Except to the extent this section provides otherwise, each state body that holds a meeting through
teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes
otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting
is otherwise posted, also give notice of the means by which members of the public may observe the meeting and
offer public comment. As to any instance in which there Is a change in the means of public observation and
comment, or any Instance prior to the effective date of this section in which the time of the meeting has been
noticed or the agenda for the meeting has been posted without also Including notice of the means of public
observation and comment, a state body may satisfy this requirement by advertising the means of public
observation and comment using the most rapid means of communication available at the time. Advertising the
means of public observation and comment using the most rapid means of communication available at the time
shall include, but need not be limited to, posting such means on the state body's internet website.
(f)All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and
to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of
this article, in order to maximize transparency and provide the public access to state body meetings.
(g)This section shall remain In effect only until January 31, 2022, and as of that date is repealed.
SEC. 3. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be
permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this
chapter.
(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 agency in connection with any
meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all
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otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a
specific type of meeting or proceeding.
(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 rollcall.
(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 subdivisions (d) and (e). 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.
(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.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) 'Fhe legislative body of a local agency shall publicly report any action taken and the vote or abstention on
that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final
action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency
executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action Is to
be. taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the
process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), If a health
authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be.
counted toward the establishment of a quorum when participating in the teleconference If at least 50 percent of
the number of members that would establish a quorum are present within the boundaries of the territory over
which the authority exercises jurisdiction, and the health authority provides a teleconference number, and
associated access codes, If any, that allows any person to call In to participate in the meeting and the number
and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly
meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations
within or near the jurisdiction of the authority. A teleconference meeting for which a quorum Is established
pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7,
14087.31, 14087.35, 14087.36, 14087,38, and 14087.9605 of the Welfare and Institutions Code, any joint
powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the
purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory
committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340)
of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of
subdivision (b) If the legislative body complies with the requirements of paragraph (2) of this subdivision in any
of the following circumstances:
(A)The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have
Imposed or recommended measures to promote nodal distancing.
(8) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining,
by majority vote, whether as a result of the. emergency, meeting In person would present imminent risks to the
health or safety of attendees.
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(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by
majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would
present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the fallowing:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B)The legislative body shall allow members of the public to access the meeting and the agenda shall provide an
opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In
each Instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the
meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the
public may access the meeting and offer public comment. The agenda shall identify and include an opportunity
for all persons to attend via a call-In option or an Internet-based service option. This subparagraph shall not be
construed to require the legislative body to provide a physical location from which the public may attend or
comment.
(C) The legislative body shall conduct teleconference meetings In a manner that protects the statutory and
constitutional rights of the parties and the public appearing before the legislative body of a local agency.
(D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of
the public using the call-in option or internet-based service option, or in the event of a disruption within the local
agency's control which prevents members of the public from offering public comments using the call-in option or
Internet-based service option, the body shall take no further action on Items appearing on the meeting agenda
until public access to the meeting via the call-in option or internet-based service option Is restored. Actions taken
on agenda Items during a disruption which prevents the public agency from broadcasting the meeting may be
challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must
provide an opportunity for the public to address the legislative body and offer comment in real time. This
subparagraph shall not be construed to require the legislative body to provide a physical location from which the
public may attend or comment.
(F) Notwithstanding Section 54953.3, an Individual desiring to provide public comment through the use of an
internet website, or other online platform, not under the control of the local legislative body, that requires
registration to log in to a teleconference may be required to register as required by the third-party Internet
website or online platform to participate.
(G) (1) A legislative body that provides a timed public comment period for each agenda item shall not close the
public comment period for the agenda Item, or the opportunity to register, pursuant to subparagraph (F), to
provide public comment until that timed public comment period has elapsed.
(II)A legislative body that does not provide a timed public comment period, but takes public comment separately
on each agenda Item, shall allow a reasonable amount of time per agenda item to allow public members the
opportunity to provide public comment, including time for members of the public to register pursuant to
subparagraph (F), or otherwise be recognized for the purpose of providing public comment.
(III) A legislative body that provides a timed general public comment period that does not correspond to a
specific agenda item shall not close the public comment period or the opportunity to register, pursuant to
subparagraph (F), until the timed general public comment period has elapsed.
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to
promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of
subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant
to subparagraph (A), (8), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by
majority vote;
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(1)The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
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(4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant
to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter
7 of Division 1 of Title 2).
(f)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 3.1. Section 54953 of the Government Code Is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be
permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided
in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and
federal civil rights laws, Including, but not limited to, any applicable language access and other nondiscrimination
obligations.
(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 agency in connection with any
meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all
otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a
specific type of meeting or proceeding.
(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 rollcall.
(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 subdivisions (d) and (e). 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.
(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,
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or Final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on
that action of each member present for the action.
(3) Prior to taking Final action, the legislative body shall orally report a summary of a recommendation for a final
action on the salaries, salary schedules, or compensation paid In the form of fringe benefits of a local agency
executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the Final action is to
be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1) to Inspect or copy records created or received in the
process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health
authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be
counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of
the number of members that would establish a quorum are present within the boundaries of the territory over
which the authority exercises jurisdiction, and the health authority provides a teleconference number, and
associated access codes, if any, that allows any person to call in to participate in the meeting and the number
and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly
meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations
within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established
pursuant to this subdivision shall be subject to all other requirements of this section.
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(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7,
14087.31, 14087.35, 14087,36, 14087.38, and 14087.9605 of the Welfare and Institutions Cade, any joint
powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the
purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory
committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340)
of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of
subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any
of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have
imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining,
by majority vote, whether as a result of the emergency, meeting In person would present imminent risks to the
health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by
majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would
present Imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivislon shall do all of the following: .
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(6)The legislative body shall allow members of the public to access the meeting and the agenda shall provide an
opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In
each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the
meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the
public may access the meeting and offer public comment. "rhe agenda shall identify and include an opportunity
for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be
construed to require the legislative body to provide a physical location from which the public may attend or
comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and
constitutional rights of the parties and the public appearing before the legislative body of a local agency.
(D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of
the public using the call-In option or internet-based service option, or In the event of a disruption within the local
agency's control which prevents members of the public from offering public comments using the call-in option or
internet-based service option, the body shall take no further action on items appearing on the meeting agenda
until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken
on agenda Items during a disruption which prevents the public agency from broadcasting the meeting may be
challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must
provide an opportunity for the public to address the legislative body and offer comment in real time. This
subparagraph shall not be construed to require the legislative body to provide a physical location from which Lhe
public may attend or comment.
(F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an
Internet website, or other online platform, not under the control of the local legislative body, that requires
registration to log in to a teleconference may be required to register as required by the third-party internet
website or online platform to participate.
(G) (I) A legislative body that provides a timed public comment period for each agenda item shall not close the
public comment perlod for the agenda Item, or the opportunity to register, pursuant to subparagraph (F), to
provide public comment until that timed public comment period has elapsed.
(li) A legislative body that does not provide a timed public comment period, but takes public comment separately
on each agenda item, shall allow a reasonable amount of-t M.";per agenda item to allow public members the
opportunity to provide public comment, including time for members of the public to register pursuant to
subparagraph (F), or otherwise be recognized for the purpose of:providing public comment. 21
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(III) A legislative body that provides a timed general public comment period that does not correspond to a
specific agenda Item shall not close the public comment period or the opportunity to register, pursuant to
subparagraph (F), until the timed general public comment period has elapsed.
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to
promote social distancing, In order to continue to teleconference without compliance with paragraph (3) of
subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant
to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by
majority vote:
(A)The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(i)The state of emergency continues to directly impact the ablllty of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
(4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant
to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter
7 of Division 1 of Title 2).
(f)This section shall remain In effect only until January 1, 2024, and as of that date Is repealed.
SEC.4. Section 54953 Is added to the Government Code, to read:
54953. (a)All meetings of the legislative body of a local agency shall be open and public, and all persons shall be
permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this
chapter.
(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 agency in 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.
(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 rollcall.
(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.
(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
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on
that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final
action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency
executive, as defined in subdivision (d) of Section 3511.1, during the open meeting In which the final action is to
be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5
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(commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received In the
process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum In paragraph (3) of subdivision (b), If a health
authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be
counted toward the establishment of a quorum when participating In the teleconference if at least 50 percent of
the number of members that would establish a quorum are present within the boundaries of the territory over
which the authority exercises jurisdiction, and the health authority provides a teleconference number, and
associated access codes, if any, that allows any person to call in to participate in the meeting and the number
and access codes are identified in the notice and agenda cf to:_Meeting.
(2) Nothing in this subdivision shall be construed as discour._ging health authority members from regularly
meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations
within or near the jurisdiction of the authority. A teleconference meeting for which a quorum Is established
pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7,
14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint
powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the
purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory
committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340)
of Division 2 of the Health and Safety Code If the advisory committee has 12 or more members.
(e)This section shall become operative 3anuary 1, 2024.
SEC.4.1. Section 54953 Is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be
permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided
in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and
federal civil rights laws, Including, but not limited to, any applicable language access and other nondiscrimination
obligations.
(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 agency In 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.
(2) Teleconferencing, as authorized by tills 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 rollcall.
(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.
(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 pmviding the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on
that action of each member present for the action.
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(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final
action on the salaries, salary schedules, or compensation paid In the form of fringe benefits of a local agency
executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to
be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the
process of developing the recommendation.
(d) (1) Notwithstanding the provislons relating to a quorum in paragraph (3) of subdivision (b), if a health
authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be
counted toward the establishment of a quon rn when participating in the teleconference If at least 50 percent of
the number of members that would establish a quorum are present within the boundaries of the territory over
which the authority exercises jurisdiction, and the health authority provides a teleconference number, and
associated access codes, it any, that allows any person to call in to participate in the meeting and the number
and access codes are Identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly
meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations
within or near the jurisdiction of the authority, A teleconference meeting for which a quorum is established
pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7,
14087.31, 14087.35, 14087.36, i4087.38, and 14087.9605 of the Welfare and Institutions Code, any joint
powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the
purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory
committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340)
of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)This section shall become operative January 1, 2024.
SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code
proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1)
both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first,
(2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly BIII 339,
in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain
operative only until the operative date of Assembly BIII 339, at which time Sections 3.1 and 4.1 of this bill shall
become operative.
SEC. 6. It Is the intent of the legislature in enacting this act to Improve and enhance public access to state and
local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader
access through teleconferencing options consistent with the Governor's Executive Order No. N-29-20 dated
March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.
SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add
Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of
Section 3 of Article I of the California Constitution, the purposes of that constitutional section as It relates to the
right of public access to the meetings of local public bodies or the writings of local public officials and local
agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article 1 of the California Constitution, the
Legislature makes the following findings:
This act is necessary to ensure minimum standards for public participation and notice requirements allowing for
greater public participation in teleconference meetings during applicable emergencies.
SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain
requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of
Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and
video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and
public meetings conducted by teleconference during the COVID-19 public health emergency have been
productive, have Increased public participation by all members of the public regardless of their location In the
state and ability to travel to physical meeting locations, have protected the health and safety of civil servants
and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours
spent traveling to and from meetings.
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(b) The Legislature finds and declares that Section i of this act, which adds and repeals Section 89305.6 of the
Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and
Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase
and potentially limit the public's right of access to the meetings of public bodies or the writings of public officials
and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that
constitutional provislon, the Legislature makes the following findings to demonstrate the Interest protected by
this limitation and the need for protecting that Interest:
i
(1) By removing the requirement that public meetings be conducted at a primary physical location with a
quorum of members present, thls act protects the health and safety of civil servants and the public and does not
preference the experience of members of the public who might be able to attend a meeting in a physical location
i
over members of the public who cannot travel or attend that meeting In a physical location. I
(2) By removing the requirement for agendas to be placed at the location of each public official participating in a
public meeting remotely, including from the member's private home or hotel room, this act protects the
personal, private Information of public officials and their families while preserving the public's right to access
information concerning the conduct of the people's business.
SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or
safety within the meaning of Article IV of the California Constitution and shall go into Immedlate effect. The facts
constituting the necessity are:
In order to ensure that state and local agencies can continue holding public meetings while providing essentlal
services like water, power, and fire protection to their constituents during public health, wildfire, or other states
of emergencies, it is necessary that this act take effect immediately.
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