CC SR 20210518 H - AB 339 Letter of SupportCITY COUNCIL MEETING DATE: 05/18/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to authorize the Mayor to sign a letter of support for
AB 339 (teleconferencing).
RECOMMENDED COUNCIL ACTION:
(1)Authorize the Mayor to sign a City letter of support for AB 339 which would allow
to continue utilizing teleconferencing for public meetings.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: McKenzie Bright, Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A.Draft letter in support of AB 339, if amended (page A-1)
B.Text of AB 339 (as amended May 4, 2021) (page B-1)
BACKGROUND AND DISCUSSION:
Assembly Bill No. 339, introduced by Assemblymembers Alex Lee (District 25, San
Jose) and Christina Garcia (District 58, Bell Gardens), would allow legislative bodies to
continue to utilize teleconferencing during open and public meetings.
In accordance with Executive Order N-25-20 issued by Governor Newsom in March
2020, which authorizes government bodies to meet via teleconference due to the
COVID-19 pandemic, the City has been conducting virtual or hybrid public meetings.
Members of the public have been allowed to provide live comments to the City Council
via Zoom teleconference or call-in information, in addition to limited in-person options,
as public health regulations have allowed.
1
Recognizing that teleconferencing increases transparency and public access to
meetings, the option of continuing to offer virtual participation serves as a benefit to the
community, as proposed in AB 339.
This bill additionally includes language that would require cities with populations greater
than 250,000 to have a telephonic or an internet-based participation option. There is
some concern that this portion of the bill could be expanded to all municipalities,
regardless of population size. While the City would appreciate the opportunity to elect to
utilize teleconferencing for public, Staff, or Councilmember participation, a state -
mandated one-size-fits-all approach may fail to consider the financial and technical
capabilities of each municipality. Furthermore, the state government is excluded from
this mandate, creating a double standard in state -local relationships.
Therefore, Staff recommends supporting Section 2 of AB 339 as amended on May 4,
2021, which grants municipalities the option to continue using teleconferences for any
meeting of a legislative body, under the following conditions:
• 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.
• All votes taken during a teleconferenced meeting shall be by rollcall.
• During the teleconference, at least a quorum of the members of the legislative
body must participate from locations within the boundaries of the agency.
• Any action taken and record of votes must be publicly reported.
The requirement for municipalities with populations over 250,000 to create and maintain
teleconferencing capabilities for all open and public meetings may indicate that future
legislation would require all cities to have teleconferencing capabilities. However, the
benefits to the community in terms of increased transparency and participation options
in Section 2 of AB 339, through the option to continue to utilize teleconferencing as
appropriate is beneficial to the Rancho Palos Verdes community.
For these reasons, Staff recommends the City Council authorize the Mayor to sign a
letter to Assemblymembers Lee and Garcia as drafted, or with revisions, generally
supporting AB 339, but encouraging the removal of the population threshold for
requiring teleconferencing, to give local agencies autonomy over the scope and usage
of such options.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Identify revised language to add to the letter.
2. Do not authorize the Mayor to sign the letter.
3. Take other action, as deemed appropriate.
2
May 18, 2021 Via Email
The Honorable Alex Lee
California State Assembly
State Capitol, Room 2170
Sacramento, CA 94249-0025
The Honorable Cristina Garcia
California State Assembly
State Capitol, P.O. Box 942849
Sacramento, CA 94249-0058
SUBJECT: Notice of Support for AB 339
Dear Assemblymember Lee and Assemblymember Garcia :
The City of Rancho Palos Verdes supports AB 339, which would allow open and public
meetings to continue to utilize teleconferencing , as needed.
Since Governor Newsom’s Executive Order N-25-20 on March 12, 2020, the City of
Rancho Palos Verdes has been conducting virtual or hybrid virtual/in-person meetings,
in accordance with Health Officer Orders. Members of the public have been allowed to
provide live comments to the City Council via Zoom teleconferencing or call-in
information, in addition to limited in-person options as Health Orders have allowed.
Utilizing teleconferencing services increases transparency and accessibility for open
and public meetings, and the ability to continue to utilize teleconferencing options is
beneficial to the community.
However, Section 1 of AB 339 states that cities with populations greater than 250,000
are required to have a telephonic or internet-based option is concerning, particularly if
such requirements were extended to all local agencies. While we appreciate the
opportunity to utilize teleconferencing technology to supplement participation options,
one-size-fits-all requirements may fail to consider the financial and technical capabilities
of each municipality. Furthermore, imposing a requirement on local agencies while
exempting the state government and Legislature creates a double standard in state-
local relationships.
A-1
Assemblymembers Lee and Garcia
May 18, 2021
Page 2
Therefore, the City supports AB 339, but encourages you to revise the bill to remove the
population threshold for requiring teleconferencing, so that local agencies are permitted
to have autonomy over the scope and usage of such options.
Sincerely,
Eric Alegria
Mayor
cc: Lorena Gonzalez, Assemblymember, Chair, Assembly Appropriations Committee
Ben Allen, Senator, 26th State Senate District
Al Muratsuchi, Assembly Member, 66th Assembly District
Jeff Kiernan, League of California Cities
Meg Desmond, League of California Cities
Marcel Rodarte, California Contract Cities Association
Jacki Bacharach, South Bay Cities Council of Governments
Rancho Palos Verdes City Council
Ara Mihranian, City Manager
Karina Bañales, Deputy City Manager
A-2
AMENDED IN ASSEMBLY MAY 4, 2021
AMENDED IN ASSEMBLY APRIL 15, 2021
california legislature—2021–22 regular session
ASSEMBLY BILL No. 339
Introduced by Assembly Members Lee and Cristina Garcia
(Coauthors: Assembly Members Arambula, Cooley, and
Robert Rivas)
January 28, 2021
An act to amend Sections 54953, 54954.2, and 54954.3 amend,
repeal, and add Section 54953 of the Government Code, relating to
public meetings.
legislative counsel’s digest
AB 339, as amended, Lee. Local government: open and public
meetings.
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. Under existing law, a member of
the legislative body who attends a meeting where action is taken in
violation of this provision, with the intent to deprive the public of
information that the member knows the public is entitled to, is guilty
of a crime.
This bill would would, until December 31, 2023, require all open and
public meetings of a city council or a county board of supervisors that
governs a jurisdiction containing least 250,000 people to include an
opportunity for members of the public to attend via a telephonic option
and or an internet-based service option. The bill would require all open
97 B-1
and public meetings to include an in-person public comment
opportunity, except in specified circumstances during a declared state
or local emergency. The bill would require all meetings to provide the
public with an opportunity to comment on proposed legislation in person
and remotely via a telephonic and or an internet-based service option,
as provided, and would specify requirements for public comment
registration. The bill would also require the legislative bodies of the
local agency to provide interpretation services as requested, and have
a system to process requests for interpretation services and publicize
that system online. provided.
This bill would require legislative bodies of local agencies to make
available instructions on joining the meeting to all non-English-speaking
persons upon request, and publish the instructions in the 2 most spoken
languages other than English within the local agency’s jurisdiction.
By imposing new duties on local governments and expanding the
application of a crime with respect to meetings, this bill would impose
a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for specified reasons.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 54953 of the Government Code is
line 2 amended to read:
line 3 54953. (a) All meetings of the legislative body of a local
line 4 agency shall be open and public, and all persons shall be permitted
line 5 to attend any meeting of the legislative body of a local agency in
line 6 person, except as otherwise provided in this chapter.
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line 1 (b) All open and public meetings of a city council or a county
line 2 board of supervisors that governs a jurisdiction containing at least
line 3 250,000 people shall include an opportunity for members of the
line 4 public to attend via a telephonic option and or an internet-based
line 5 service option. For the purposes of this chapter, “internet-based
line 6 service option” means a service or platform that allows two-way
line 7 video and audio participation through the internet. All members of
line 8 the public shall be entitled to participate in open and public
line 9 meetings, regardless of national origin or language ability.
line 10 (c) (1) Notwithstanding any other provision of law, the
line 11 legislative body of a local agency may use teleconferencing for
line 12 the benefit of the public and the legislative body of a local agency
line 13 in connection with any meeting or proceeding authorized by law.
line 14 The teleconferenced meeting or proceeding shall comply with all
line 15 requirements of this chapter and all otherwise applicable provisions
line 16 of law relating to a specific type of meeting or proceeding.
line 17 (2) Teleconferencing, as authorized by this section, may be used
line 18 by members of the legislative body for all purposes in connection
line 19 with any meeting within the subject matter jurisdiction of the
line 20 legislative body. All votes taken during a teleconferenced meeting
line 21 shall be by rollcall.
line 22 (3) If the legislative body of a local agency elects to use
line 23 teleconferencing, it shall post agendas at all teleconference
line 24 locations and conduct teleconference meetings in a manner that
line 25 protects the statutory and constitutional rights of the parties or the
line 26 public appearing before the legislative body of a local agency.
line 27 Each teleconference location shall be identified in the notice and
line 28 agenda of the meeting or proceeding, and each teleconference
line 29 location shall be accessible to the public. During the teleconference,
line 30 at least a quorum of the members of the legislative body shall
line 31 participate from locations within the boundaries of the territory
line 32 over which the local agency exercises jurisdiction, except as
line 33 provided in subdivision (e). (f). The agenda shall provide an
line 34 opportunity for members of the public to address the legislative
line 35 body directly pursuant to Section 54954.3 at each teleconference
line 36 location.
line 37 (4) For the purposes of this section, “teleconference” means a
line 38 meeting of a legislative body, the members of which are in different
line 39 locations, connected by electronic means, through either audio or
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AB 339 — 3 — B-3
line 1 video, or both. Nothing in this section shall prohibit a local agency
line 2 from providing the public with additional teleconference locations.
line 3 (d) All open and public meetings of a city council or a county
line 4 board of supervisors that governs a jurisdiction containing at least
line 5 250,000 people shall comply with the following requirements:
line 6 (5) (A)
line 7 (1) Unless there are any laws that prohibit in-person government
line 8 meetings in the case of a declared state of emergency, including
line 9 a public health emergency, all open and public meetings shall
line 10 include an in-person public comment opportunity, wherein
line 11 members of the public can report to a designated site to give public
line 12 comment in person. The location of the designated site and any
line 13 relevant instructions on in-person commenting shall be included
line 14 with the public posting of the agenda.
line 15 (B)
line 16 (2) All open and public meetings shall provide the public with
line 17 an opportunity to comment on proposed legislation, both in person
line 18 and remotely via a telephonic and or an internet-based service
line 19 option, and ensure the opportunity for the members of the public
line 20 participating via a telephonic or an internet-based option to
line 21 comment on agenda items with the same time allotment as a person
line 22 attending a meeting in person.
line 23 (C) Registration for public comment period is permitted, so
line 24 long as instructions to register are posted, members of the public
line 25 are able to register over the telephone and in person, and
line 26 registration remains open until the comment period has finished
line 27 for that agenda item. Information collected for registration purposes
line 28 shall be limited to name, telephone number, and county of
line 29 residence.
line 30 (d)
line 31 (e) (1) No legislative body shall take action by secret ballot,
line 32 whether preliminary or final.
line 33 (2) The legislative body of a local agency shall publicly report
line 34 any action taken and the vote or abstention on that action of each
line 35 member present for the action.
line 36 (3) Prior to taking final action, the legislative body shall orally
line 37 report a summary of a recommendation for a final action on the
line 38 salaries, salary schedules, or compensation paid in the form of
line 39 fringe benefits of a local agency executive, as defined in
line 40 subdivision (d) of Section 3511.1, during the open meeting in
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— 4 — AB 339 B-4
line 1 which the final action is to be taken. This paragraph shall not affect
line 2 the public’s right under the California Public Records Act (Chapter
line 3 3.5 (commencing with Section 6250) of Division 7 of Title 1) to
line 4 inspect or copy records created or received in the process of
line 5 developing the recommendation.
line 6 (e)
line 7 (f) (1) Notwithstanding the provisions relating to a quorum in
line 8 paragraph (3) of subdivision (c), if a health authority conducts a
line 9 teleconference meeting, members who are outside the jurisdiction
line 10 of the authority may be counted toward the establishment of a
line 11 quorum when participating in the teleconference if at least 50
line 12 percent of the number of members that would establish a quorum
line 13 are present within the boundaries of the territory over which the
line 14 authority exercises jurisdiction, and the health authority provides
line 15 a teleconference number, and associated access codes, if any, that
line 16 allows any person to call in to participate in the meeting and the
line 17 number and access codes are identified in the notice and agenda
line 18 of the meeting.
line 19 (2) Nothing in this subdivision shall be construed as
line 20 discouraging health authority members from regularly meeting at
line 21 a common physical site within the jurisdiction of the authority or
line 22 from using teleconference locations within or near the jurisdiction
line 23 of the authority. A teleconference meeting for which a quorum is
line 24 established pursuant to this subdivision shall be subject to all other
line 25 requirements of this section.
line 26 (3) For purposes of this subdivision, a health authority means
line 27 any entity created pursuant to Sections 14018.7, 14087.31,
line 28 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare
line 29 and Institutions Code, any joint powers authority created pursuant
line 30 to Article 1 (commencing with Section 6500) of Chapter 5 of
line 31 Division 7 for the purpose of contracting pursuant to Section
line 32 14087.3 of the Welfare and Institutions Code, and any advisory
line 33 committee to a county-sponsored health plan licensed pursuant to
line 34 Chapter 2.2 (commencing with Section 1340) of Division 2 of the
line 35 Health and Safety Code if the advisory committee has 12 or more
line 36 members.
line 37 (g) This section shall remain in effect only until December 31,
line 38 2023, and as of that date is repealed.
line 39 SEC. 2. Section 54954.2 of the Government Code is amended
line 40 to read:
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AB 339 — 5 — B-5
line 1 54954.2. (a) (1) At least 72 hours before a regular meeting,
line 2 the legislative body of the local agency, or its designee, shall post
line 3 an agenda containing a brief general description of each item of
line 4 business to be transacted or discussed at the meeting, including
line 5 items to be discussed in closed session. A brief general description
line 6 of an item generally need not exceed 20 words. The agenda shall
line 7 specify the time and location of the regular meeting and shall be
line 8 posted in a location that is freely accessible to members of the
line 9 public and on the local agency’s internet website, if the local
line 10 agency has one. If requested, the agenda shall be made available
line 11 in appropriate alternative formats to persons with a disability, as
line 12 required by Section 202 of the Americans with Disabilities Act of
line 13 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations
line 14 adopted in implementation thereof. The agenda shall include
line 15 information regarding how, to whom, and when a request for
line 16 disability-related modification or accommodation, including
line 17 auxiliary aids or services, may be made by a person with a
line 18 disability who requires a modification or accommodation in order
line 19 to participate in the public meeting.
line 20 (2) Instructions on joining the meeting via telephonic or
line 21 internet-based service option, including registration for public
line 22 comment, if required, shall be made available to all
line 23 non-English-speaking persons upon request and should at minimum
line 24 be published in the two most spoken languages other than English
line 25 within the boundaries of the territory over which the local agency
line 26 exercises jurisdiction. The meeting agenda should be made
line 27 available upon request to all non-English-speaking persons within
line 28 those boundaries in their language, regardless of national origin
line 29 or language ability.
line 30 (3) For a meeting occurring on and after January 1, 2019, of a
line 31 legislative body of a city, county, city and county, special district,
line 32 school district, or political subdivision established by the state that
line 33 has an internet website, the following provisions shall apply:
line 34 (A) An online posting of an agenda shall be posted on the
line 35 primary internet website homepage of a city, county, city and
line 36 county, special district, school district, or political subdivision
line 37 established by the state that is accessible through a prominent,
line 38 direct link to the current agenda. The direct link to the agenda shall
line 39 not be in a contextual menu; however, a link in addition to the
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— 6 — AB 339 B-6
line 1 direct link to the agenda may be accessible through a contextual
line 2 menu.
line 3 (B) An online posting of an agenda including, but not limited
line 4 to, an agenda posted in an integrated agenda management platform,
line 5 shall be posted in an open format that meets all of the following
line 6 requirements:
line 7 (i) Retrievable, downloadable, indexable, and electronically
line 8 searchable by commonly used internet search applications.
line 9 (ii) Platform independent and machine readable.
line 10 (iii) Available to the public free of charge and without any
line 11 restriction that would impede the reuse or redistribution of the
line 12 agenda.
line 13 (C) A legislative body of a city, county, city and county, special
line 14 district, school district, or political subdivision established by the
line 15 state that has an internet website and an integrated agenda
line 16 management platform shall not be required to comply with
line 17 subparagraph (A) if all of the following are met:
line 18 (i) A direct link to the integrated agenda management platform
line 19 shall be posted on the primary internet website homepage of a city,
line 20 county, city and county, special district, school district, or political
line 21 subdivision established by the state. The direct link to the integrated
line 22 agenda management platform shall not be in a contextual menu.
line 23 When a person clicks on the direct link to the integrated agenda
line 24 management platform, the direct link shall take the person directly
line 25 to an internet website with the agendas of the legislative body of
line 26 a city, county, city and county, special district, school district, or
line 27 political subdivision established by the state.
line 28 (ii) The integrated agenda management platform may contain
line 29 the prior agendas of a legislative body of a city, county, city and
line 30 county, special district, school district, or political subdivision
line 31 established by the state for all meetings occurring on or after
line 32 January 1, 2019.
line 33 (iii) The current agenda of the legislative body of a city, county,
line 34 city and county, special district, school district, or political
line 35 subdivision established by the state shall be the first agenda
line 36 available at the top of the integrated agenda management platform.
line 37 (iv) All agendas posted in the integrated agenda management
line 38 platform shall comply with the requirements in clauses (i), (ii),
line 39 and (iii) of subparagraph (B).
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AB 339 — 7 — B-7
line 1 (D) For the purposes of this paragraph, both of the following
line 2 definitions shall apply:
line 3 (i) “Integrated agenda management platform” means an internet
line 4 website of a city, county, city and county, special district, school
line 5 district, or political subdivision established by the state dedicated
line 6 to providing the entirety of the agenda information for the
line 7 legislative body of the city, county, city and county, special district,
line 8 school district, or political subdivision established by the state to
line 9 the public.
line 10 (ii) “Legislative body” has the same meaning as that term is
line 11 used in subdivision (a) of Section 54952.
line 12 (E) The provisions of this paragraph shall not apply to a political
line 13 subdivision of a local agency that was established by the legislative
line 14 body of the city, county, city and county, special district, school
line 15 district, or political subdivision established by the state.
line 16 (4) No action or discussion shall be undertaken on any item not
line 17 appearing on the posted agenda, except that members of a
line 18 legislative body or its staff may briefly respond to statements made
line 19 or questions posed by persons exercising their public testimony
line 20 rights under Section 54954.3. In addition, on their own initiative
line 21 or in response to questions posed by the public, a member of a
line 22 legislative body or its staff may ask a question for clarification,
line 23 make a brief announcement, or make a brief report on the member’s
line 24 own activities. Furthermore, a member of a legislative body, or
line 25 the body itself, subject to rules or procedures of the legislative
line 26 body, may provide a reference to staff or other resources for factual
line 27 information, request staff to report back to the body at a subsequent
line 28 meeting concerning any matter, or take action to direct staff to
line 29 place a matter of business on a future agenda.
line 30 (b) Notwithstanding subdivision (a), the legislative body may
line 31 take action on items of business not appearing on the posted agenda
line 32 under any of the conditions stated below. Prior to discussing any
line 33 item pursuant to this subdivision, the legislative body shall publicly
line 34 identify the item.
line 35 (1) Upon a determination by a majority vote of the legislative
line 36 body that an emergency situation exists, as defined in Section
line 37 54956.5.
line 38 (2) Upon a determination by a two-thirds vote of the members
line 39 of the legislative body present at the meeting, or, if less than
line 40 two-thirds of the members are present, a unanimous vote of those
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line 1 members present, that there is a need to take immediate action and
line 2 that the need for action came to the attention of the local agency
line 3 subsequent to the agenda being posted as specified in subdivision
line 4 (a).
line 5 (3) The item was posted pursuant to subdivision (a) for a prior
line 6 meeting of the legislative body occurring not more than five
line 7 calendar days prior to the date action is taken on the item, and at
line 8 the prior meeting the item was continued to the meeting at which
line 9 action is being taken.
line 10 (c) This section is necessary to implement and reasonably within
line 11 the scope of paragraph (1) of subdivision (b) of Section 3 of Article
line 12 I of the California Constitution.
line 13 (d) For purposes of subdivision (a), the requirement that the
line 14 agenda be posted on the local agency’s internet website, if the
line 15 local agency has one, shall only apply to a legislative body that
line 16 meets either of the following standards:
line 17 (1) A legislative body as that term is defined by subdivision (a)
line 18 of Section 54952.
line 19 (2) A legislative body as that term is defined by subdivision (b)
line 20 of Section 54952, if the members of the legislative body are
line 21 compensated for their appearance, and if one or more of the
line 22 members of the legislative body are also members of a legislative
line 23 body as that term is defined by subdivision (a) of Section 54952.
line 24 SEC. 3. Section 54954.3 of the Government Code is amended
line 25 to read:
line 26 54954.3. (a) Every agenda for regular meetings shall provide
line 27 an opportunity for members of the public to directly address the
line 28 legislative body on any item of interest to the public, during the
line 29 legislative body’s consideration of the item, that is within the
line 30 subject matter jurisdiction of the legislative body, provided that
line 31 no action shall be taken on any item not appearing on the agenda
line 32 unless the action is otherwise authorized by subdivision (b) of
line 33 Section 54954.2. The agenda need not provide an opportunity for
line 34 members of the public to address the legislative body on any item
line 35 that has already been considered by a committee, composed
line 36 exclusively of members of the legislative body, at a public meeting
line 37 wherein all interested members of the public were afforded the
line 38 opportunity to address the committee on the item, before or during
line 39 the committee’s consideration of the item, unless the item has been
line 40 substantially changed since the committee heard the item, as
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AB 339 — 9 — B-9
line 1 determined by the legislative body. Every notice for a special
line 2 meeting shall provide an opportunity for members of the public
line 3 to directly address the legislative body concerning any item that
line 4 has been described in the notice for the meeting before or during
line 5 consideration of that item.
line 6 (b) (1) The legislative body of a local agency may adopt
line 7 reasonable regulations to ensure that the intent of subdivision (a)
line 8 is carried out, including, but not limited to, regulations limiting
line 9 the total amount of time allocated for public testimony on particular
line 10 issues and for each individual speaker.
line 11 (2) Notwithstanding paragraph (1), when the legislative body
line 12 of a local agency limits time for public comment, the legislative
line 13 body of a local agency shall provide at least twice the allotted time
line 14 to a member of the public who utilizes a translator to ensure that
line 15 non-English speakers receive the same opportunity to directly
line 16 address the legislative body of a local agency.
line 17 (3) Paragraph (2) shall not apply if the legislative body of a
line 18 local agency utilizes simultaneous translation equipment in a
line 19 manner that allows the legislative body of a local agency to hear
line 20 the translated public testimony simultaneously.
line 21 (c) The legislative body of a local agency shall not prohibit
line 22 public criticism of the policies, procedures, programs, or services
line 23 of the agency, or of the acts or omissions of the legislative body.
line 24 Nothing in this subdivision shall confer any privilege or protection
line 25 for expression beyond that otherwise provided by law.
line 26 (d) All members of the public shall be entitled to participate in
line 27 public meetings, regardless of national origin or language ability.
line 28 If interpretation services are requested for the public meeting and
line 29 public comment period, those services should be provided.
line 30 (e) Local agencies shall have in place a system for requesting
line 31 and receiving interpretation services for public meetings, including
line 32 the public comment period. Local agencies shall publicize this
line 33 system and the instructions on how to request certified
line 34 interpretation services for public meetings online.
line 35 SEC. 2. Section 54953 is added to the Government Code, to
line 36 read:
line 37 54953. (a) All meetings of the legislative body of a local
line 38 agency shall be open and public, and all persons shall be permitted
line 39 to attend any meeting of the legislative body of a local agency,
line 40 except as otherwise provided in this chapter.
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line 1 (b) (1) Notwithstanding any other provision of law, the
line 2 legislative body of a local agency may use teleconferencing for
line 3 the benefit of the public and the legislative body of a local agency
line 4 in connection with any meeting or proceeding authorized by law.
line 5 The teleconferenced meeting or proceeding shall comply with all
line 6 requirements of this chapter and all otherwise applicable
line 7 provisions of law relating to a specific type of meeting or
line 8 proceeding.
line 9 (2) Teleconferencing, as authorized by this section, may be used
line 10 for all purposes in connection with any meeting within the subject
line 11 matter jurisdiction of the legislative body. All votes taken during
line 12 a teleconferenced meeting shall be by rollcall.
line 13 (3) If the legislative body of a local agency elects to use
line 14 teleconferencing, it shall post agendas at all teleconference
line 15 locations and conduct teleconference meetings in a manner that
line 16 protects the statutory and constitutional rights of the parties or
line 17 the public appearing before the legislative body of a local agency.
line 18 Each teleconference location shall be identified in the notice and
line 19 agenda of the meeting or proceeding, and each teleconference
line 20 location shall be accessible to the public. During the
line 21 teleconference, at least a quorum of the members of the legislative
line 22 body shall participate from locations within the boundaries of the
line 23 territory over which the local agency exercises jurisdiction, except
line 24 as provided in subdivision (d). The agenda shall provide an
line 25 opportunity for members of the public to address the legislative
line 26 body directly pursuant to Section 54954.3 at each teleconference
line 27 location.
line 28 (4) For the purposes of this section, “teleconference” means a
line 29 meeting of a legislative body, the members of which are in different
line 30 locations, connected by electronic means, through either audio or
line 31 video, or both. Nothing in this section shall prohibit a local agency
line 32 from providing the public with additional teleconference locations.
line 33 (c) (1) No legislative body shall take action by secret ballot,
line 34 whether preliminary or final.
line 35 (2) The legislative body of a local agency shall publicly report
line 36 any action taken and the vote or abstention on that action of each
line 37 member present for the action.
line 38 (3) Prior to taking final action, the legislative body shall orally
line 39 report a summary of a recommendation for a final action on the
line 40 salaries, salary schedules, or compensation paid in the form of
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line 1 fringe benefits of a local agency executive, as defined in subdivision
line 2 (d) of Section 3511.1, during the open meeting in which the final
line 3 action is to be taken. This paragraph shall not affect the public’s
line 4 right under the California Public Records Act (Chapter 3.5
line 5 (commencing with Section 6250) of Division 7 of Title 1) to inspect
line 6 or copy records created or received in the process of developing
line 7 the recommendation.
line 8 (d) (1) Notwithstanding the provisions relating to a quorum in
line 9 paragraph (3) of subdivision (b), if a health authority conducts a
line 10 teleconference meeting, members who are outside the jurisdiction
line 11 of the authority may be counted toward the establishment of a
line 12 quorum when participating in the teleconference if at least 50
line 13 percent of the number of members that would establish a quorum
line 14 are present within the boundaries of the territory over which the
line 15 authority exercises jurisdiction, and the health authority provides
line 16 a teleconference number, and associated access codes, if any, that
line 17 allows any person to call in to participate in the meeting and the
line 18 number and access codes are identified in the notice and agenda
line 19 of the meeting.
line 20 (2) Nothing in this subdivision shall be construed as
line 21 discouraging health authority members from regularly meeting at
line 22 a common physical site within the jurisdiction of the authority or
line 23 from using teleconference locations within or near the jurisdiction
line 24 of the authority. A teleconference meeting for which a quorum is
line 25 established pursuant to this subdivision shall be subject to all other
line 26 requirements of this section.
line 27 (3) For purposes of this subdivision, a health authority means
line 28 any entity created pursuant to Sections 14018.7, 14087.31,
line 29 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare
line 30 and Institutions Code, any joint powers authority created pursuant
line 31 to Article 1 (commencing with Section 6500) of Chapter 5 of
line 32 Division 7 for the purpose of contracting pursuant to Section
line 33 14087.3 of the Welfare and Institutions Code, and any advisory
line 34 committee to a county-sponsored health plan licensed pursuant to
line 35 Chapter 2.2 (commencing with Section 1340) of Division 2 of the
line 36 Health and Safety Code if the advisory committee has 12 or more
line 37 members.
line 38 (e) This section shall become operative on December 31, 2023.
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line 1 SEC. 4.
line 2 SEC. 3. No reimbursement is required by this act pursuant to
line 3 Section 6 of Article XIIIB of the California Constitution because
line 4 the only costs that may be incurred by a local agency or school
line 5 district under this act would result either from a legislative mandate
line 6 that is within the scope of paragraph (7) of subdivision (b) of
line 7 Section 3 of Article I of the California Constitution, or because
line 8 this act creates a new crime or infraction, eliminates a crime or
line 9 infraction, or changes the penalty for a crime or infraction, within
line 10 the meaning of Section 17556 of the Government Code, or changes
line 11 the definition of a crime within the meaning of Section 6 of Article
line 12 XIIIB of the California Constitution.
line 13 SEC. 5.
line 14 SEC. 4. The Legislature finds and declares that Sections 1, 2,
line 15 and 3 Section 1 of this act, which amend Sections 54953, 54954.2,
line 16 and 54954.3 amends Section 54953 of the Government Code,
line 17 further, furthers, within the meaning of paragraph (7) of
line 18 subdivision (b) of Section 3 of Article I of the California
line 19 Constitution, the purposes of that constitutional section as it relates
line 20 to the right of public access to the meetings of local public bodies
line 21 or the writings of local public officials and local agencies. Pursuant
line 22 to paragraph (7) of subdivision (b) of Section 3 of Article I of the
line 23 California Constitution, the Legislature makes the following
line 24 findings:
line 25 The provisions of the act allow for greater public access through
line 26 requiring specified entities to provide a telephonic and or
line 27 internet-based service option and instructions on how to access
line 28 these options to the public for specified meetings and allow for
line 29 greater accommodations for non-English speakers attending the
line 30 meetings.
O
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